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STATE  OF  OREGON 


•  •  •      •. 


A  paMphl'ET.-    ..  ••  •  • 

'•    •  •  .•••  • 

Containing  a  Copy  of  All  Measures. "Referred 

to  the  People  by  the  Legiulativfe  A's^eiiiplj'/'. 

"Referendum  Ordered  fay  Petition  of   the 

People,"  and  "Proposed  by  Initiative  Petiision," 

To  be  submitted  to  the'  L^gal  Voters'  of  the  ^t&.te  of   Oregon 
for  their  approval  or  rejection 


AT  THE 


REGULAR  GENERAL  ELECTION 


TO  BE  HELD 


On  the  first  day  of  June,   1908, 

TOGETHER  WITH   THE  ARGUMENTS  FILED,  FAVORING  AN1> 
OPPOSING    CERTAIN    OF    SAID    MEASURES 


COMPILED  AND   ISSUED   BY 
FRANK  W.  BENSON,  Secretary  of  State 

^Publication  authorized  under  Chapter  226,  Laws  of  1907.) 


Sir  hi    ,  V  I   --44\;\C^ 


'••«-  .^-— 


SALEM,  OREGON 

WILLIS  S.   DtTNIWAT,  STATE   PKINTER 

1908 


Pamphlet  COiNTAJ'NfiNG  Measures  to  be 

.♦. 

—  ,.  . 

•     •. 

•    •  •  • .  •  '    'I 

•      •  •     •  ;  V  ' 


•    •  • 


•  -A  N*.  AlVtE  N  U-ME  N  T 

TO   THE 

.•••.  I'.'.OON'-STiT.U^l'ON.OF  THE  STATE  OF  OREGON 
.'.  \  '.•  •/..  ••   '••     •...,/     .'    '•. 

'1^0  lie  submitted  to  thsj-lkgal  electors  of  the  state  of 
.Oregon  for  their 'Approval  or  rejection 


■  •  . 
.••   • 


'.'.-.,  AT   Ttlfe     . 

'  kii^U;LAR  genera'l,.'e^>ection 
•'•■■  •■'.■'- 

•VO  )BE  PELD\.'' 

On  the  First  Day  of  June.  1908. 

TO  AMEND 

Section  28  (29)  of  Article  IV 

Proposed    by   the   Legislative   Assembly   and   filed    in    the   office   of   the 

Secretary  of  State  February  13,   1907,  in  accordance  with  the 

provisions  of  Section  1  of  Article  XVII  of  the  Constittj- 

tion  of  the  State  of  Oregon,  adopted   by 

the  people  June  4,  1906. 

Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The   following  is   the  form   and   number   in    which    the   question    will    be 

printed  on  the  official   ballot: 


referred  TO  THE  PEOPLE  BY  THE  LEGISLATIVE  ASSEMBLY 

For  an  amendment  of  Section  28  (evidently  intended 
to  be  Section  29)  of  Article  IV  of  the  Constitution, 
changing  the  compensation  of  members  of  the  Legis- 
lature to  $400  for  each  regular  session  and  $10  per 
day  for  each  extra  session  instead  of  $3  per  day  and 
mileage.  (Section  28  provides  the  time  when  laws 
take  effect,  and  the  proposed  amendment  is,  there- 
fore, wrongly  numbered.)  Vote  YES  or  NO. 

300.  Yes. 

301.  No. 


SUBMITTED  TO  VOTERS 


OF  Orego'^  JuN|i!l;  1^03  ,'.'"  -'.•  3 


[On  Official  Ballot,   Nos.  300  and  301.] 
HOUSE  JOINT  RESOLUTION. 

Be  it  resolved  by  the  House,  the  Senate  concurring: 

That  the  following  amendment  to  the  constituting  [Constitution J  of 
the  State  of  Oregon  is  hereby  proposed,  and  if  ratified  by  the  electors  of 
the  State,  such  approval  to  amend  Section  28,  Article  IV,  of  the  Consti- 
tution of  the  State  of  Oregon,  by  amending  said  Section  28,  Article  IV, 
so  as  to  read  as  follows: 

Section  28.  The  members  of  the  Legislative  Assembly  shall  receive 
for  their  services  the  sum  of  four  hundred  dollars  for  each  regular 
session,  which  shall  be  in  full  of  all  compensation  as  per  diem  for  such 
session.  When  convened  in  extra  session  by  the  Governor,  they  shall 
receive  ten  ($10.00)  dollars  per  day,  but  no  extra  session  shall  continue 
for  a  longer  period  than  twenty  days.  They  shall  also  receive  their 
actual  traveling  expenses  in  going  to  and  returning  from  their  place 
of  meeting,  on  the  most  usual  route.  The  presiding  officers  of  the  as- 
.sembly  shall,  in  virtue  of  their  office,  receive  an  additional  compensation 
equal  to  two-fifths  of  their  per  diem  allowance  as  members. 

Adopted  by  the  House,  February  1,  1907. 

FRANK  DAVEY, 

Speaker  of  the  Hou.se. 

Concurred  in  by  the  Senate,  February  10,  1907. 

E.  W.  HAINES, 

President  of  the  Senate. 

(Endorsed)  — 

House  Joint  Resolution  No.  11. 

W.  Lair  Thompson,  Chief  Clerk. 

Filed  February  13,  1907. 

F.  W.  Benson,  Secretary  of  State. 


4-  .*•'*.  *••  ..•l^AM'PHLETr  <d0NT;\INING  MEASURES  TO  BE 

.  •.•  '.'^ •    -J.       !_  ..  

•  •  •  •  ,   • 

•  •    • 

*    •*•/    AN   A.'MEJ^V'm-ENT 

to*  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND 

Section  3  of  Article  XIV 

Proposed    by   the   Legislative   Assembly   and    filed    in    the   office   of   the 
Secretary  of  State  February  13,  1907,  in  accordance  with  the 
provisions  of  Section  1  of  Article  XVII  of  the  Constitu- 
tion of  the  State  of  Oregon,  adopted  by 
the  people  June  4,  1906. 


Frinted  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number   in  which   the   question   will    be 

printed  on  the  official  ballot: 


REFERRED  TO  THE  PEOPLE  BY  THE  LEGISLATIVE  ASSEMBLY 


For  an  amendment  of  Section  3  of  Article  XIV  of  the 
Constitution,  to  permit  the  location  of  State  insti- 
tutions elsewhere  than  at  the  seat  of  government 
by  act  of  the  Legislature  and  vote  of  the  people.       Vote  YES  or  NO. 

302.  Yes. 

303.  No. 


Submitted  to  Voters  of  Qregon  June, l.,  1908       '  /^ 


[On  Official  Ballot,  Nos.  302  and  303.] 

AMENDED 
SENATE  JOINT  RESOLUTION  NO.  1, 

As  amended  and   reported  by  the  Judiciary   Committee,   January  30th, 

1907. 

Be  it  resolved  by  the  Senate,  the  House  of  Representatives  concurring: 

That  Section  3  of  Article  XIV  of  the  Constitution  of  the  State  of 
Oregon  be  amended  to  read  as  follows: 

Section  3.  The  seat  of  government,  when  established  as  provided  in 
Section  1,  shall  not  be  removed  for  a  term  of  twenty  (20)  years  from  the 
time  of  such  establishment,  nor  in  any  other  manner  than  as  provided 
in  the  first  section  of  this  article.  All  the  public  institutions  of  the 
State,  not  located  elsewhere  prior  to  January  1,  1907,  shall  be  located 
in  the  county  where  the  seat  of  government  is,  excepting  when  other- 
wise ordered  by  an  act  of  the  Legislative  Assembly  and  is  ratified  by 
the  electors  of  the  State  at  the  next  general  election  following  such  act, 
by  a  majority  of  all  the  votes  cast  on  the  question  of  whether  or  not 
such  act  shall  be  ratified. 

Concurred  in  by  the  House,  February  8,  1907. 

FRANK  DAVEY, 

Speaker. 
Adopted  by  the  Senate,  January  17,  1907. 

E.  W.  HAINES, 

President. 
((Endorsed)  — 

Senate  Joint  Resolution  No.  1. 

Frank  S.  Grant,  Chief  Clerk. 
Filed  February  13,  1907. 

F.  W.  Benson,  Secretary  of  State. 


,,6','-    '.'.    „.  '  FAJVC^HIiET/CQNTAINING  MEASURES  TO  BE 

Iff  -       -       f  »< 

«■  • 

r      r      '  , 

'  '' ^•'  '  \' <  /  /     ■  A  N   A  M  E  P^  ,L>  M  E  N  T 

>       ,,       TO   THt 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT    THE 

REGULAR  general  ELECTION 

TO  BE   HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND 

Article  VI I 

Proposed    by   the    Legislative    Assembly   and    filed    in    the   office   of    the 
Secretary  of  State  February  19,   1907,  in  accordance  with  the 
provisions  of  Section  1  of  Article  XVII  of  the  Constitu- 
tion of  the  State  of  Oregon,  adopted   by 
the  people  June  4,  1906. 

Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The  following  is   the  form   and   number   in    which    the   question    will    be 

printed  on  the  official   ballot: 


referred  TO  THE  PEOPLE  BY  THE  LEGISLATIVE  ASSEMBLY 


An  amendment  to  Article  VII  of  the  Constitution  by 
increasing  the  number  of  judges  of  the  Supreme 
Court  from  three  to  five,  until  otherwise  provided 
by  law,  and  authorizing  the  Legislative  Assembly  to 
provide  by  appropriate  legislation  for  the  exercise 
by  the  circuit  courts,  of  the  probate  jurisdiction 
theretofore  exercised  by  the  county  courts,  and  for 
the  transaction  of  county  busmess  by  and  before 
some  appropriate  body  or  tribunal.  Vote  YES  or  NO. 

304.  Yes. 

305.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908 


[On  Official  Ballot,  Nos.  304  and  305.] 
SENATE  JOINT  RESOLUTION  NO.  7, 

Introduced  by  the  Judiciary  Committee  and  Senator  Bingham  as  a  sub- 
stitute for  Senate  Joint  Resolution  No.  3,  introduced  by  Senator 
Bingham. 

Resolved  by  the  Senate,  the  House  of  Representatives  concurring: 

That  the  following  amendment  to  the  Constitution  of  the  State  of 
Oregon  be,  and  the  same  hereby  is  proposed: 

Article  VII  of  the  Constitution  of  the  State  of  Oregon  shall  be,  and 
the  same  hereby  is,  amended  to  read  as  follows: 

Article  VII. 

Section  1.  The  judicial  power  of  this  State  shall  be  vested  in  a 
Supreme  Court  and  Circuit  Court,  which  shall  be  courts  of  record, 
having  general  jurisdiction,  to  be  defined,  limited,  and  regulated  by  law. 
Justices  of  the  peace  and  other  inferior  tribunals  may  also  be  invested 
with  limited  judicial  powers,  and  municipal  courts  may  be  created  to 
administer  the  regulations  of  incorporated  towns  and  cities. 

Section  2.  The  Supreme  Court,  from  and  after  the  first  Monday  in 
January,  A.  D.  1909,  shall  consist  of  five  judges  until  otherwise  pro- 
vided by  law.  They  shall  be  chosen  by  the  electors  of  the  State  in  such 
manner  as  may  be  provided  by  law,  and  shall  be  citizens  of  the  United 
States  and  residents  of  the  State  of  Oregon  for  at  least  six  years  next 
preceding  their  election. 

Section  3.  Each  of  the  present  judges  of  the  Supreme  Court  and 
each  judge  elected  or  appointed  before  the  presidential  election  in 
November,  A,  D.  1908,  shall  serve  the  term  for  which  he  was  elected  or 
appointed  and  until  his  successor  shall  be  elected  and  qualified  in  the 
manner  prescribed  by  law.  At  the  regular  presidential  election  in 
November,  1908,  one  judge  of  the  Supreme  Court  shall  be  elected  to 
serve  for  the  term  of  four  years,  and  one  judge  shall  be  elected  to  serve 
for  the  term  of  six  years,  beginning  on  the  first  Monday  in  January,  A.  D. 
1909.  Thereafter  the  term  of  each  judge  of  the  Supreme  Court  shall 
commence  on  the  first  Monday  in  January  following  his  election,  and 
except  as  to  elections  to  fill  vacancies  each  judge  shall  be  elected  to 
serve  for  the  term  of  six  years,  and  until  his  successor  shall  be  elected 
and  qualified  in  the  manner  provided  by  law.  Nominations  of  candidates 
for  the  two  supreme  judges  to  be  so  elected  in  November,  1908,  shall  be 
by  convention  or  by  assembly  of  electors  or  by  certificate  of  individual 
electors. 

Section  4.  Every  vacancy  in  the  office  of  judge  of  the  Supreme  Court 
shall  be  filled  by  election  at  the  next  general  election  for  the  remainder 


8  Pamphlet  Containing  Measures  to  be 


of  the  vacant  term,  and  until  so  filled  the  Governor  shall  fill  the  vacancy 
by  appointment. 

Section  5.  The  judge  who  has  the  shortest  term  to  serve,  or  the 
oldest  of  several  having  such  shortest  term,  and  not  holding  by  appoint- 
ment, shall  be  the  chief  justice. 

Section  6.  The  Supreme  Court  shall  have  jurisdiction  only  to  revise 
the  final  decisions  of  circuit  courts.  Every  cause  shall  be  tried  and 
every  decision  shall  be  made  by  not  less  than  a  majority  of  the  members 
of  the  Supreme  Court.  If  the  court  shall  not  be  unanimous  in  the 
decision  of  any  cause,  any  member  disagreeing  shall  express  his  dissent 
on  record,  and  may  file  his  reasons  therefor. 

Section  7.  The  terms  of  the  Supreme  Court  shall  be  appointed  by 
lavi-;  but  there  shall  be  one  term  at  the  seat  of  government  annually. 
During  or  at  the  close  of  each  term  the  judges  shall  file  with  the  Secre- 
tary of  State  concise  written  statements  of  the  decisions,  and  dissenting 
opinions,  if  any,  made  at  that  term. 

Section  8.  There  shall  be  chosen,  for  the  term  of  six  years,  by  the 
quiilified  electors  in  districts  composed  of  one  or  more  counties,  a  suffi- 
cient number  of  circuit  judges,  who  shall  hold  court  in  the  counties  of 
their  respective  districts  at  such  times,  and  in  other  counties  under  such 
conditions,  as  may  be  prescribed  by  law;  but  the  existing  circuit  court 
shall  continue  to  hold  terms  as  now  required  by  law  until  laws  shall  be 
enacted  especially  for  the  enforcement  of  the  provisions  of  this  article. 

Section  9.  All  judicial  power,  authority,  and  jurisdiction  not  vested 
by  this  Constitution,  or  by  laws  consistent  therewith,  exclusively  in  somfe 
other  court,  shall  belong  to  the  circuit  court;  and  it  shall  have  appellate 
jurisdiction  and  supervisory  control  over  all  inferior  courts,  officers, 
and  tribunals. 

Section  10.  Every  circuit  judge  shall  be  a  citizen  of  the  United  States,^ 
a  resident  of  the  district  for  which  he  shall  be  elected,  and  shall  have 
resided  in  the  State  of  Oregon  at  least  six  years  before  he  is  elected. 

Section  11.  Provision  shall  be  made  by  law  for  the  election  and  ap- 
pointment of  such  district,  county  and  precinct  officers  as  may  be  neces- 
sary, and  for  fixing  their  compensation  and  terms  of  office  and  defining 
their  duties  and  power  in  the  conduct  of  public  business. 

Section  12.  Public  officers  shall  not  be  impeached;  but  incompetency, 
corruption,  malfeasance,  or  delinquency  in  office  may  be  tried  in  the 
same  manner  as  criminal  offenses  and  judgment  may  be  given  of  dis- 
missal from  office,  and  such  further  punishment  as  may  have  been  pi'e- 
scribed  by  law. 

Section  13.  The  Governor  may  remove  from  office  a  judge  of  the 
Supreme  Court  or  a  judge  of  the  circuit  court,  upon  the  joint  resolution 
of  the  Legislative  Assembly  in  which  two-thirds  of  the  members  elected 
to  each  house  shall  concur,  for  incompetency,  corruption,  malfeasance,  or 
delinquency  in  office,  or  other  sufficient  cause  stated  in  such  resolution. 


Submitted  to  Voters  of  Oregon  June  1,  1908 


Section  14.  Every  judge  of  the  Supreme  Court  or  circuit  court,  before 
entering  upon  the  duties  of  his  office,  shall  take  and  subscribe  and  trans- 
mit to  the  Secretary  of  State,  the  following  oath: 

"I,  ,  do  solemnly  swear   (or  affirm)    that  I 

will  support  the  Constitution  of  the  United  States  and  the  Constitution 
of  the  State  of  Oregon;  and  that  I  will  faithfully  and  impartially  dis- 
charge the  duties  of  a  judge  of  the  Supreme  (or  circuit)  Court  of  said 
Stale,  according  to  the  best  of  my  ability,  and  that  I  will  not  accept  any 
other  office  except  judicial  offices,  during  the  term  for  which  I  have  been 
elected." 

Section  15.  All  the  provisions  of  Article  VII  of  the  Constitution  as 
the  same  existed  prior  to  the  adoption  of  this  substitute  therefor,  and 
all  laws  now  in  force  in  accordance  with  said  article,  shall  remain  in 
force  after  the  adoption  of  this  substitute,  except  as  to  the  provisions 
herein  contained  concerning  the  Supreme  Court  and  the  judges  thereof, 
until  the  Legislative  Assembly  shall  provide  by  appropriate  legislation 
for  the  exercise  by  the  circuit  court  of  the  probate  jurisdiction  hereto- 
fore exercised  by  the  county  court  and  for  the  transaction  of  county 
business  by  and  before  some  appropriate  body  or  tribunal. 

Adopted  by  the  House,  February  15,  1907. 

FRANK  DAVEY, 


Adopted  by  the  Senate,  February  15,  1907. 

E.  W.  HAINES, 


Speaker. 


President. 


(Endorsed)  — 

Senate  Joint  Resolution  No.  7,  substitute  for  Senate  Joint  Res.  No. 
Frank  S.  Grant,  Chief  Clerk. 

Filed  February  19,  1907. 

F.  W.  Benson,  Secretary  of  State. 


10  Pamphlet  Containing  Measures  to  be 


AN   AMENDMENT 

TO    THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  GENERAL  ELECTION 

TO  BE   HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND 

Section  14  of  Article  II 

Proposed   by    the    Legislative   Assembly   and   filed   in   the   office   of   the 
Secretary  of  State  February  23,   1907,  in  accordance  with  the 
provisions  of  Section  1  of  Article  XVII  of  the  Constitu- 
tion  of  the   State  of  Oregon,  adopted  by 
the  people  June  4,  1906. 

Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The  following   is   the  form   and    number   in    which   the   question   will   be 

printed   on   the  official   ballot: 


REFERRED  TO  THE  PEOPLE  BY  THE  LEGISLATIVE  ASSEMBLY 


For  amendment  of  Section  14  of  Article  II  of  the 
Constitution,  changing  the  time  of  holding  the  reg- 
ular general  biennial  elections  from  the  first  Monday 
in  June  to  the  first  Tuesday  after  the  first  Monday 
in  November.  Vote  YES  or  NO. 

306.  Yes. 

307.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         11 


[On  Official  Ballot,  Nos.  306  and  307.] 

HOUSE  JOINT  RESOLUTION  NO.  7, 
Proposing  amendment  to  the  Constitution  of  the  State  of  Oregon. 

Resolved  by  the  House,  the  Senate  concurring  : 

That  the  following  amendment  to  the  Constitution  of  the  State  of 
Oregon  be,  and  the  same  is  hereby  proposed: 

Section  14  of  Article  II  of  the  Constitution  of  the  State  of  Oregon  shall 
be  and  hereby  is  amended  to  read  as  follows: 

Section  14.  The  regular  general  biennial  election  in  Oregon  for  the 
year  a.  d.  1910  and  thereafter  shall  be  held  on  the  first  Tuesday  after 
the  first  Monday  in  November.  All  officers  except  the  Governor,  elected 
for  a  six-year  term  in  1904  or  for  a  four-year  term  in  1906,  or  for  a  two- 
year  term  in  1908,  shall  continue  to  hold  their  respective  offices  until  the 
first  Monday  in  January,  1911;  and  all  officers,  except  the  Governor, 
elected  at  any  regular  general  biennial  election  after  the  adoption  of  this 
amendment,  shall  assume  the  duties  of  their  respective  offices  on  the 
first  Monday  in  January  following  such  election.  All  laws  pertaining  to 
the  nomination  of  candidates,  registration  of  voters  and  all  other  things 
incident  to  the  holding  of  the  regular  biennial  election  shall  be  enforced 
and  be  effected  the  same  number  of  days  before  the  first  Tuesday  after 
the  first  Monday  in  November  that  they  have  heretofore  been  before  the 
first  Monday  in  June  biennially,  except  as  may  hereafter  be  provided 
by  law. 


Adopted  February  1,  1907. 
Adopted  February  23,  1907. 


FRANK  DAVEY, 

Speaker  of  the  House. 

E.  W.  HAINES, 

President  of  the  Senate. 


(Endorsed)  ^ — 

House  Joint  Resolution  No.  7. 

W.  Lair  Thompson,  Chief  Clerk. 

Filed   February  23,   1907. 

F.  W.  Benson,  Secretary  of  State. 


12  Pamphlet  Containing  Measures  to  be 


A    MEASURE 

Providing  for  the  custody  and  control  of  persons  confined  in  county 
jails  and  prisoners  held  to  labor,  and  providing  for  the  appointment 
and  compensation  of  jailers  and  guards  of  prisoners  in  counties  of  more 
than  one  hundred  thousand  inhabitants,  and  providing  for  the  com- 
pensation of  sheriffs  in  the  State  and  in  counties  of  more  than  one 
hundred  thousand  inhabitants  for  the  feeding  and  boarding  of  persons 
confined  in  jail,  or  at  work,  and  declaring  an  emergency,  filed  in  the 
office  of  the  Secretary  of  State,  February  16,  1907. 

To  BE  submitted  TO  THE  LEGAL  ELECTORS  OF  THE  STATE  OF 

Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  First  Day  of  June,  1908. 

Referendum  ordered  by  petition  of  the  people  filed  in  the  office  of  the 
Secretary  of  State,  May  18,  1907,  in  accordance  with  the  pro- 
visions of  Section  1  of  Article  IV  of  the  Constitution 
of  the  State  of  Oregon,  adopted  by 
the  people  June  2,  1902. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The   following  is  the  form  and  number   in   which   the  question   will   be 

printed  on  the  official   ballot: 


REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 


An  act  providing  that  in  all  counties,  the  sheriff  shall 
have  the  custody  of  prisoners  committed  to  or  con- 
fined in  the  county  jail  and  such  prisoners  shall  be 
worked  at  such  places  and  for  such  time  and  in  such 
manner  as  the  county  court  may  direct,  and  that,  in 
counties  of  over  one  hundred  thousand  inhabitants, 
the  salaries  of  guards  and  jailers  shall  not  exceed 
$90.00  per  month,  and  the  price  of  meals  furnished 
pri-soners  shall  be  12i/^c  each.  Vote  YES  or  NO. 

308  Yes. 

309.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         13 


AN  ACT 

"Providing  for  the  custody  and  control  of  persons  confined  in  county 
jails  and  prisoners  held  to  labor,  and  providing  for  the  appointment 
and  compensation  of  jailers  and  guards  of  prisoners  in  counties  of  more 
than  one  hundred  thousand  inhabitants,  and  providing  for  the  com- 
pensation of  sheriffs  in  the  State  and  in  counties  of  more  than  one 
hundred  thousand  inhabitants  for  the  feeding  and  boax'ding  of  persons 
confined  in  jail  or  at  work,  and  declaring  an  emergency." 

Be  ii  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  The  sheriff  in  every  county  shall  have  the  custody  and 
control  of  all  persons  legally  committed  or  confined  in  the  county  jail  of 
his  county  during  the  period  of  such  commitment  or  confinement.  Pro- 
vided, however,  that  such  sheriff  shall,  under  the  direction  of  the  county 
court  of  his  county,  in  the  case  of  prisoners  in  the  county  jail  held  to 
labor  under  existing  lav^rs,  work  such  prisoners  at  such  places  and  for 
such  time  and  in  such  manner  as  the  county  court  may  direct;  and  pro- 
vided, further,  that  the  sheriff  may  retain  and  put  to  work  such  number 
of  such  prisoners,  not  exceeding  ten,  as  may  be  required  to  perform 
necessary  services  in  and  about  such  jail  and  in  the  care  thereof. 

Section  2.  In  the  counties  of  more  than  one  hundred  thousand  in- 
habitants, the  sheriff  may  appoint  two  jailers  for  each  jail  within  such 
county,  and  may  upon  oi'der  of  the  county  court  of  such  county  appoint 
as  many  additional  jailers  as  in  the  opinion  of  such  court  may  be  neces- 
sary, and  where  prisoners  are  worked  on  county  roads  or  engaged  in  any 
public  work,  such  sheriff  may,  upon  order  of  said  county  court,  appoint 
as  many  guards  as  in  the  opinion  of  such  court  may  be  necessary  for  the 
proper  control  and  safeguarding  of  such  prisoners.  Each  such  jailer 
shall  receive  a  salary  not  to  exceed  $90.00  per  month  and  each  such  guard 
shall  receive  such  salary  as  shall  be  fixed  by  order  of  said  county  court, 
and  all  such  salaries  shall  be  paid  by  said  county  in  the  same  manner 
that  other  officers  and  employees  of  said  county  are  paid.  Each  such 
jailer  and  guard  shall  have  the  power  and  authority  of  a  deputy  sheriff. 

Section  3.  In  counties  of  more  than  one  hundred  thousand  inhabitants, 
the  sheriff  shall  receive  12Vi>  cents  per  meal  for  the  boarding  of  each 
person  lawfully  confined  in  the  jail  of  his  county  and  the  same  price  for 
the  boarding  of  each  prisoner  who,  because  of  being  engaged  in  working 
on  the  county  road  or  on  other  public  work,  is  not  confined  in  such  jail; 
and  such  sheriff  shall  furnish  three  meals  per  day  to  all  persons  held 
for  trial  or  as  witnesses  or  on  account  of  insanity  or  held  to  labor  while 
so  engaged;  but  to  prisoners  serving  sentence  and  not  engaged  in  labor, 
such  sheriff  shall  furnish  only  two  meals. 

Sec.  4.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby  re- 
pealed. 

Passed  the  House,  February  7,  1907. 

FRANK  DAVEY,    Speaker  of  the  House. 

Passed  the  Senate,  February  13,  1907. 
(Endorsed)—  E.  W.  HAINES,  President  of  the  Senate. 

House  Bill  No.  243.  W.  Lair  Thompson,  Chief  Clerk. 

Executive  Department,  State  of  Oregon.    Received  February  14,  1907. 

Filed  February  16,  1907.  F.  W.  Benson,  Secretary  of  State. 


14  Pamphlet  Containing  Measures  to  be 


A    MEASyRE 

To  regulate  the  appropriation  of  land  for  corporate  purposes,  and  to 
require  the  grant  of  personal  right  during  their  term  of  office  to  public 
officials  to  travel  over  transportation  lines  as  a  condition  precedent  to 
the  right  of  action  for  the  condemnation  of  land  and  to  prohibit  pay- 
ment of  mileage  for  such  free  travel,  filed  in  the  office  of  the  Secretary 
of  State  February  20,  1907. 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  First  Day  of  June.  1908. 

Referendum  ordered  by  petition  of  the  people  filed  in  the  office  of  the 
Secretary  of  State,  May  22,  1907,  in  accordance  with  the  pro- 
visions of  Section  1  of  Article  IV  of  the  Constitution 
of  the  State  of  Oregon,  adopted  by 
the  people  June  2,  1902. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The  following  is   the  form   and  number   in   which    the   question    will    be 

printed  on  the  official   ballot: 


REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 

For  an  act  requiring  railroads  and  other  common  car- 
riers to  grant  free  transportation  to  State  officers 
and  county  judges  and  sheriffs,  as  a  condition  prece- 
dent to  acquiring  land  for  corporate  purposes  by 
the  exercise  of  eminent  domain,  and  to  prohibit  the 
payment  of  mileage  for  such  free  transportation.         Vote  YES  or  NO. 

310.  Yes. 

311.  No. 


Submitted  to  Voters  of  Oregon  June  1, 1908         15 


[On  Official  Ballot,  Nos.  310  and  311.] 
AN  ACT 

To  regulate  the  appropriation  of  land  for  corporate  purposes,  and  to 
require  the  grant  of  p»?rsonal  right  during  their  term  of  office  to  public 
officials  to  travel  over  transportation  lines  as  a  condition  precedent  to 
the  right  of  action  for  the  condemnation  of  land  and  to  prohibit  pay- 
ment of  mileage  for  such  free  travel. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  Whenever  any  corporation  authorized  by  law  to  appropri- 
ate lands,  right  of  way,  right  to  cut  timber  or  to  cross  or  connect  with 
another  railway,  or  other  rights  or  easements  in  lands,  is  unable  to  agree 
with  the  owner  thereof  as  to  the  compensation  to  be  paid  therefor,  or  if 
such  owner  be  absent  from  the  State,  such  corporation  may  maintain  an 
action  in  the  circuit  couit  of  the  State  of  Oregon  for  the  proper  county 
against  said  owner  for  the  purpose  of  having  such  lands,  right  to  cut 
timber,  right  of  way,  or  to  cross  or  to  connect  with  another  railway,  or 
other  right  or  easement,  appropriated  to  its  use  for  determining  the  com- 
pensation to  be  paid  to  such  owner  therefor,  as  provided  in  chapter  II  of 
title  XLI  of  Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of 
Oregon;  provided,  however,  that  as  a  condition  precedent  to  the  right  to 
institute  or  carry  on  such  action  in  any  court  in  the  exercise  of  the  right 
of  eminent  domain  as  provided  by  law,  the  corporation  seeking  to  ap- 
propriate lands,  right  of  way,  right  to  cut  timber  or  to  cross  or  connect 
with  another  railway,  or  other  right  or  easement  in  lands,  must  file  with 
the  Secretary  of  State  of  the  State  of  Oregon,  a  certificate  granting  to 
the  officers  hereinafter  named,  during  their  respective  terms  of  office,  the 
right  and  privilege  of  free  transportation  over  any  and  all  railway  lands 
owned,  operated,  or  controlled  by  said  corporation  within  the  State  of 
Oregon.  The  fact  of  the  act  of  filing  such  certificate  as  hereinbefore 
provided  must  be  set  forth  in  the  first  pleading  filed  by  such  corporations 
in  the  action  hereinbefore  provided  for. 

Section  2.  From  and  after  the  filing  of  the  certificate  mentioned  in 
section  1  of  this  act,  all  the  following  State,  district,  and  county  officers 
of  the  State  of  Oregon,  to-wit:  Governor,  Secretary  of  State,  State 
Treasurer,  Attorney-General,  Superintendent  of  Public  Instruction,  State 
Printer,  Oregon  Dairy  and  Food  Commissioner,  Game  and  Forestry 
Warden,  Fish  Commissioner,  State  Health  Officer,  State  Engineer,  State 
Land  Agent,  the  members  of  the  Legislative  Assembly  of  the  State  of 
Oregon,  the  judges  of  the  Supreme  Court  of  the  State  of  Oregon,  the 
circuit  judges,  the  prosecuting  attorneys,  and  the  county  judges  and 
sheriffs  of  each  county  shall,  during  the  terms  of  their  respective  offices. 


16  Pamphlet  Containing  Measures  to  be 


have  the  right  and  privilege,  by  virtue  of  their  office,  to  free  transporta- 
tion within  the  State  of  Oregon  over  any  and  all  railway  lines  mentioned 
in  said  certificate,  and  the  certificate  of  election  or  appointment,  or  a 
certified  copy  thereof,  shall  of  itself  be  evidence  of  the  right  to  the  ex- 
ercise of  such  privilege  of  free  transportation.  The  conductor  or  other 
official  of  such  railway  lines  so  filing  said  certificate  as  aforesaid,  shall 
take  the  name  of  such  official,  the  title  of  his  office,  and  the  date  of  his 
certificate,  in  lieu  of  a  ticket  or  other  evidence  of  the  right  to  travel  over 
railway  lines. 

Section  3.  For  the  purposes  of  this  act,  all  railways  within  the  State 
of  Oregon  shall  be  considered  common  carriers  of  passengers  for  hire. 

Section  4.  No  officer  herein  mentioned  who  secures  fi-ee  transporta- 
tion under  the  provisions  of  this  act,  shall  be  entitled  to,  or  collect 
mileage  from  the  State,  district,  or  county  for  such  free  travel  so  obtained. 

Section  5.  All  acts  and  parts  of  acts  in  conflict  herewith  ai-e  hereby 
repealed. 

Passed  the  House,  February  6,  1907. 

FRANK  DAVEY, 

Speaker  of  the  House. 
Passed  the  Senate,  February  14,  1907. 

E.  W.  HAINES, 

President  of  the  Senate. 
<  Endorsed)  — 

House  Bill  No.  241. 

W.  Lair  Thompson,  Chief  Clerk. 

Executive  Department,  State  of  Oregon.     Received  Feb.  15,  1907. 

Special  order  Tuesday  February  19,  1907,  2  p.  M. 

Passed  notwithstanding  the  veto  of  the  Governor,  February  19,  1907. 
W.  Lair  Thompson. 

Passed  notwithstanding  the  veto  of  the  Governor,  February  20,  1907. 
Frank  S.  Grant,  Chief  Clerk  Senate. 

Passed  the  House  notwithstanding  the  Governor's  veto,  Feb.  19,  1907. 
Frank  Davey,  Speaker  of  the  House. 

Passed  the  Senate  notwithstanding  the  Governor's  veto,  Feb.  20,  1907. 

E.  W.  Haines,  President  of  the  Senate. 

House  Bill  No.  241. 

W.  Lair  Thompson,  Chief  Clerk. 

Piled  February  20,  1907. 

F.  W.  Benson,  Secretary  of  State. 


Submitted  to  Voters  of  Oregon  June  1,  1908  17 


A    MEASURE 

To  provide  for  armories  for  the  Oregon  National  Guard,  to  appropriate 
moneys  therefor  and  to  regulate  the  disbursement  thereof,  filed  in  the 
office  of  the  Secretary  of  State,  February  26,  1907. 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT    THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  First  Day  of  June,  1908. 

Referendum  ordered  by  petition  of  the  people  filed  in  the  office  of  the 
Secretary  of  State,  May  22,  1907,  in  accordance  with  the  pro- 
visions of  Section  1  of  Article  IV  of  the  Constitution 
of  the  State  of  Oregon,  adopted  by 
the  people  June  2,  1902. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The   following   is   the  form   and   number    in    which    the   question    will    be 

printed  on  the  official   ballot: 


REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 


A-n  act  to  appropriate  twenty-five  thousand  dollars  an- 
nually for  four  years,  to  be  used  in  purchasing 
grounds  and  building  armories  for  the  use  of  the 
Oregon  National  Guard,  the  money  to  be  expended 
under  the  supervision  of  the  State  Military  Board 
at  any  time  during  the  four  years,  the  board  not 
being  required  to  use  each  appropriation  the  year 
it  is  appropriated.  The  Oregon  National  Guard  is 
required  to  paj?^  to  the  State  Treasurer  such  rental, 
for  the  use  of  said  armories,  as  may  be  fixed  by  the 
State  Military  Board.  Vote  YES  or  NQ- 

312.  Yes. 

313.  No. 


18  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  312  and  313.J 
AN  ACT 
To  provide  for  armories  for  the  Oregon  National  Guard,  to  appropriate 
moneys  therefor  and  to  regulate  the  disbursement  thereof. 

Be  'd  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  the  sum  of  one  hundred  thousand  dollars  ($100,000) 
is  hereby  appropriated  out  of  any  moneys  in  the  "General  Fund"  in  the 
State  treasury,  not  otherv/ise  appropriated,  for  the  purpose  of  purchas- 
ing ground  and  constructing  armories  thereon  in  the  several  cities  and 
towns  in  the  State  of  Oregon,  for  the  use  of  the  Oregon  National  Guard, 
the  same  to  be  a  continuing  appropriation  of  twenty-five  thousand  dollars 
(.$25,000)  annually  for  the  ensuing  four  (4)  years;  and  the  use  and  ex- 
penditure of  the  said  sum  hereby  appropriated  shall  not  be  limited  to  any 
particular  year,  and  may  be  expended  at  any  period  within  the  four 
ensuing  years. 

Section  2.  That  the  purchasing  of  suitable  locations  and  construction 
of  such  armories  shall  be  upon  the  recommendations  and  under  the  su- 
pervision of  the  State  Military  Board  of  the  State  of  Oregon,  which  shall 
adopt  such  regulations  for  the  maintenance  and  control  of  said  armorie.- 
as  may  be  deemed  necessary  by  it. 

Section  3.  That  said  armories  shall  be  constructed  in  such  cities  or 
towns  not  already  provided  with  armories,  v/here  one  or  more  companies 
of  the  Oregon  National  Guard,  fully  organized  under  the  laws  of  t?te 
State  of  Oregon,  may  be  located,  and  where,  in  the  judgment  of  the  State 
Military  Board,  it  will  be  most  convenient  to  the  companies,  and  where 
most  necessary. 

Section  4.     That  the  said  armories  shall  be  safe,  suitable,  and  of  suffi 
cient  size  for  the  drilling  of  a  company  or  battalion,  according  to  where 
the  same  may  be  located;  provided,  that  if  two  or  more  companies  are 
organized  in  one  town  or  city,  said  companies  shall  each  have  the  use  of 
said  armory. 

Section  5.  That  each  company  of  infantry  and  naval  division,  each 
troop  of  cavalry  and  battery  of  artillery,  and  each  fully  organized  band 
or  corps  established  by  authority  of  the  Military  Board,  using  said 
armories,  shall  pay  to  the  State  Treasurer  of  the  State  of  Oregon,  each 
quarter,  out  of  its  annual  allowance,  such  sum  as  rental  for  the  use 
thereof  as  the  Military  Board  shall  from  time  to  time  fix  and  establish. 

Passed  the  House,  February  12,  1907. 

FRANK  DAVEY,   Speaker  of  the  House. 

Passed  the  Senate,  February  19,  1907. 

E.  W.  HAINES,    President  of  the  Senate. 
(Endorsed)  — 

House  Bill  No.  118.  W.  Lair  Thompson,  Chief  Clerk. 

Executive  Department,  State  of  Oregon.     Received  February  20,  1907. 
Filed  February  26,  1907.  F.  W.  Benson,  Secretary  of  State. 


Submitted  to  Voters  of  Oregon  June  1,  1908         19 


ARGUMENT 

(negative) 

SUBMITTED  BY 

A.  T.  BUXTON,  B.  G.  LEEDY,  and  C.  E.  SPENCE, 

Executive  Committee,  Oregon  State  Grange, 

opposing  the  measures  designated  on  the  official  ballot  as  follows: 


REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 


For  an  act  requiring  railroads  and  other  common  car- 
riers to  grant  free  transportation  to  State  officers 
and  county  judges  and  sheriffs,  as  a  condition  pre- 
cedent to  acquiring  land  for  corporate  purposes  by 
the  exercise  of  eminent  domain,  and  to  prohibit  the 
payment  of  mileage  for  such  free  transportation.       Vote  YES  or  NO. 


310.  Yes. 


311.  No. 


An  act  to  appropriate  twenty-five  thousand  dollars  an- 
nually for  four  years,  to  be  used  in  purchasing 
grounds  and  building  armories  for  the  use  of  the 
Oregon  National  Guard,  the  money  to  be  expended 
under  the  supervision  of  the  State  Military  Board 
at  any  time  during  the  four  years,  the  Board  not 
being  required  to  use  each  appropriation  the  year  it 
is  appropriated.  The  Oregon  National  Guard  is  re- 
quired to  pay  to  the  State  Treasurer  such  rental, 
for  the  use  of  said  armories,  as  may  be  fixed  by  the 
State  Military  Board.  Vote  YES  or  NO. 


312.  Yes. 


313.  No. 


ARGUMENTS  AGAINST  PASS  LAW  AND  ARMORY  ACT. 

The  executive  committee  of  the  Oregon  State  Grange  offers  the  fol- 
lowing argument  in  support  of  the  referendum  upon  the  above  measures, 
Nos.  310-311  and  312-313. 

WHY   THE   "FREE   PASS"  BECAME  AN    ISSUE. 

The  primary  reason  for  the  agitation  of  the  "Free  Pass"  question 
was  the  generous  manner  in  which  railway  companies  furnished  free 
transportation  to  public  officials,  with  the  expectation,  no  doubt,  of  re- 
ceiving some  favors  in  return.     Members  of  the  Legislature  were  especi- 


20  Pamphlet  Containing  Measures  to  be 

ally  favored  with  free  passes,  and  they  could  and  did  furnish  their 
friends  with  passes  also. 

Corporations  are  not  generally  supposed  to  give  something  for  noth- 
ing; therefore  the  growth  of  a  sentiment  in  favor  of  removing  the  influ- 
ence of  the  Free  Pass.  So  strong  did  this  sentiment  become  that  at  the 
election  in  June,  1906,  the  voters  of  the  State  gave  an  initiative  Anti- 
Pass  Law  an  overwhelming  majority.  But  this  measure  was  considered 
inoperative  on  account  of  the  omission  of  the  enacting  clause. 

In  the  face  of  the  fact  that  a  majority  of  the  voters  had  favored  an 
Anti-Pass  Law,  the  Legislature  enacted  this  Compulsory  Pass  Law, 
which  provides  that  railway  companies  shall  file  a  certificate  with  the 
Secretary  of  State,  granting  passes  to  certain  State,  district  and  county 
officers  before  said  company  can  enter  into  a  lawsuit  to  condemn  land,, 
timber,  etc. 

This  "condemnation"  clause  is  only  a  flimsy  excuse  to  legalize  the 
giving  of  passes,  for,  while  companies  that  have  secured  their  rights  of 
way  or  are  able  to  secure  them  without  a  lawsuit  are  not  required  to 
give  passes,  yet  they  may  file  certificates  and  grant  passes  whether  they 
wish  to  enter  suit  or  not. 

So  the  argument  that,  under  the  compulsory  system,  the  conditions 
which  gave  the  railway  a  motive  for  giving  the  pass,  are  removed,  falls 
flat,  for  if  any  of  our  present  roads  give  passes,  they  would  do  so  as  a 
special  favor  to  the  officials  for  which  they  would  expect  the  same  returti 
favors  as  before. 

Furthermore,  the  free  pass  granted  to  the  officers  who  are  placed  in 
the  favored  class  has  no  connection  with  their  official  capacity,  for  they 
are  given  free  passes  whenever  they  choose  to  travel  on  a  railway,  any- 
where in  the  State  at  any  time  during  their  incumbency  in  office  whether 
they  are  on  official  business  or  not. 

Members  of  the  Legislature,  for  example,  might  have  occasion  to  use 
the  pass  in  travelling  on  official  business,  at  any  time  during  the  forty 
days  of  the  biennial  session.  The  remainder  of  their  two-years  terms 
they  would  travel  on  their  own  business  or  pleasure.  Is  it  to  be  expected 
that  such  privelege  would  be  without  its  influence?  The  people,  by  their 
votes,  have  once  indicated  that  they  did  not  think  so,  and  we  think  they 
will  again  be  disposed  to  vote  "No"  upon  the  measure. 

Section  29,  article  IV,  of  the  Constitution  of  the  State,  in  providing 
for  the  traveling  expenses  of  members  of  the  Legislature,  says  in  part: 
"They  shall  also  receive  the  sum  of  three  dollars  for  every  twenty  miles 
they  shall  travel  in  going  to  and  returning  from  their  place  of  meeting 
on  the  most  usual  route."  This  cannot  be  changed  except  by  constitu- 
tional ainendment.  Section  4  of  the  Compulsory  Pass  Law  reads:  "No 
officer  herein  mentioned  who  secures  free  transportation  under  the  pro- 
visions of  this  act  shall  be  entitled  to,  or  collect  mileage  from  the  State, 
district  or  county  for  such  free  travel  so  obtained." 

It  is  evident  the  legislator  cannot  obey  both  unless  it  was  intended  to 
make  it  legal  for  him  to  collect  the  constitutional  traveling  fee  and  travel 
on  a  pass  at  the  same  time. 


Submitted  to  Voters  of  Oregon  June  1,  1908         21 


THE  ARMORY  APPROPRIATION. 

The  State  Grange  has  not  called  the  referendum  on  the  armory  appro- 
priation bill  in  any  spirit  of  opposition  to  the  State  Militia,  but  there  are 
a  few  facts  which  we  desire  to  bring  to  the  attention  of  the  taxpayers. 

In  the  great  majority  of  cases  in  which  the  State  Militia  of  the  country 
has  been  called  upon  for  active  service,  it  has  been  to  help  in  the  settle- 
ment of  disputes  between  large  corporations  and  their  employees.  In 
our  State  these  corporations  have  steadfastly  resisted  every  attempt  to 
levy  tribute  upon  them  for  the  support  of  the  State  government.  The 
Pacific  Telephone  Company  has  refused  to  pay  the  small  gross-earnings 
tax  levied  upon  it  by  the  initiative  law  enacted  at  the  last  general  elec- 
tion and,  backed  by  other  similar  corporations,  is  now  bringing  suit  to 
overthrow  the  whole  system  of  direct  legislation  and  putting  the  State 
to  additional  expense  to  defend  that  system  and  enforce  the  collection 
of  the  tax. 

Let  these  corporations,  which  give  occasion  for  the  existence  of  the 
State  Militia,  pay  their  just  share  for  the  support  of  the  government 
whose  protection  they  demand;  then,  if  armories  be  needed,  they  can  be 
provided  without  placing  any  additional  burden  upon  the  property  that 
is  already  carrying  all  the  load  that  it  can  stand. 

Furthermore,  we  object  to  this  measure  not  merely  for  the  sake  of  sav- 
ing this  particular  $100,000.00.  If  there  were  assurance  that  the  matter 
would  stop  at  this  amount,  it  would  not  be  so  serious  or  objectionable. 
But  under  the  provisions  of  this  bill  the  way  may  be  opened  for  endless 
graft  in  the  future.  No  definite  number  of  armories  are  provided  for,  but 
they  are  to  be  erected  upon  the  recommendation  of  the  State  Military 
Board  in  the  towns  where  one  or  more  companies  of  the  Oregon  National 
Guard  are  located.  No  limitations  were  placed  upon  the  cost  of  the  dif- 
fei'ent  buildings. 

Does  any  one  believe  that  $100,000  would  be  sufficient  to  buy  land  and 
erect  ten  or  twelve  strong,  substantial  buildings  of  a  permanent  char- 
acter and  of  sufficient  size  for  the  purpose  of  a  drill  hall  for  companies 
or  battalions?  If  the  amount  did  not  prove  to  be  sufficient,  what  then? 
Every  town  with  an  organization  is  entitled  to  an  armory,  under  this 
law.  There  would  seem  to  be  no  other  way  than  for  an  additional  ap- 
propriation to  be  made  at  the  next  session  of  the  Legislature. 

Then  again,  if  some  towns  find  themselves  well  provided  with  public 
funds  to  expend,  what  is  to  prevent  other  towns  from  organizing  militia 
companies  and  demanding  the  erection  of  additional  armories? 

Any  one  familiar  with  the  methods  by  which  such  matters  are  gen- 
erally carried  through  the  Legislature  by  the  formation  of  log-rolling 
combinations  may  well  ask  where  this  species  of  graft  will  stop  if  once 
begun.  .  A.  T.  BUXTON, 

B.  G.  LEEDY, 

C.  E.  SPENCE, 
Executive  Committee,  Oregon  State  Grange. 

(Endorsed)  — 

Filed  February  24,  1908.  •       F.  W.  Benson,  Secretary  of  State. 


22  Pamphlet  Containing  Measures  to  be 


A    MEASURE 

To  amend  Section  3529  of  Bellinger  and  Cotton's  Annotated  Codes  and 
Statutes  of  Oregon,  by  increasing  the  annual  appi'opriation  for  the 
support  and  maintenance  of  the  University  of  Oregon,  filed  in  the 
office  of  the  Secretary  of  State,  February  20,  1907. 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO    BE    HELD 

On  tpie  First  Day  of  June,  1908. 

Referendum  ordered  by  petition  of  the  people  filed   in   the  office  of  the 
Secretary  of  State,  May  23,  1907,  in  accordance  with   the  pro- 
visions of  Section  1  of  Article  IV  of  the  Constitution  of 
the  State  of  Oregon,  adopted  by  the 
people  June  2,  1902. 


Printed   in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The   following  is   the   form   and  number  in    which    the   question   will    be 

printed  on  the  official  ballot: 

referendum  ordered  by  petition  of  the  people 

An  act  to  amend  Section  3529  of  Bellinger  and  Cot- 
ton's Annotated  Codes  and  Statutes  of  Oregon  bj' 
increasing  the  annual  appropriation  for  the  support 
and  maintenance  of  the  University  of  Oregon.  Vote  YES  or  NO. 

314.  Yes. 

315.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908    23 

[On  Official  Ballot,  Nos.  314  and  315.] 

AN  ACT 

To  araend  Section  3529  of  Bellinger  and  Cotton's  Annotated  Codes  and 
Statutes  of  Oregon,  by  increasing  the  annual  appropriation  for  the 
support  and  maintenance  of  the  University  of  Oregon. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  Section  3529,  Chapter  6,  Title  XXXIII,  of  Bel- 
linger and  Cotton's  Annotated  Codes  and  Statutes  of  Oregon,  be  and  the 
same  is  hereby  amended  to  read  as  follows: 

Section  3529.  The  sum  of  $125,000  is  hereby  appropriated  for  the 
year  1907  and  annually  thereafter,  for  the  support  and  maintenance  of 
the  University  of  Oregon;  to  keep  the  buildings,  grounds,  and  other 
property  thereof  in  repair;  for  the  purchase  of  additional  land  for  the 
campus  thereof;  for  the  construction  of  buildings  and  additions  to  the 
same;  and  for  the  purchase  of  library  books,  laboratory  supplies  and 
apparatus.  This  fund  shall  be  paid  out  only  on  warrants  drawn  by  the 
Secretary  of  State  on  the  State  Treasurer  against  said  fund.  This  fund 
shall  be  a  continuing  fund  and  if  the  amount  appropriated  for  any  ons 
year  shall  not  be  used  during  such  year,  the  balance  remaining  shall  be 
carried  over  to  the  next  year  and  added  to  the  fund  for  that  year,  and 
the  Secretary  of  State  is  authorized  and  directed  to  audit  and  allow  all 
claims  otherwise  payable  out  of  such  fund,  regardless  of  the  date  when 
contracted. 

Passed  the  House,  February  11,  1907. 

FRANK  DAVEY,      Speaker  of  the  House. 

Passed  the  Senate,  February  17,  1907. 

E.  W.  HAINES,      President  of  the  Senate. 
(Endorsed)  — 

House  Bill  No.  37. 

W.  Lair  Thompson,  Chief  Clerk. 
Executive  Department,  State  of  Oregon.    Received  Febi'uary  14,  1907. 
Special  order  Tuesday,  February  19,  1907,  2:00  P.  M. 
Passed  notwithstanding  the  veto  of  the  Governor,  February  19,  1907. 
W.  Lair  Thompson. 

Passed  notwithstanding  the  veto  of  the  Governor,  February  19,  1907. 

Frank  S.  Grant,  Chief  Clerk  Senate. 
Passed  the  House  notwithstanding  the  Governor's  veto,  Feb.  19,  1907. 

Frank  Davey,  Speaker  of  the  House. 
Passed  the  Senate  notwithstanding  the  Governor's  veto,  Feb.  19,  1907. 

E.  W.  Haines,  President  of  the  Senate. 

House  Bill  No.  37. 

W.  Lair  Thompson,  Chief  Clerk. 

Filed  February  20,  1907. 

F.  W.  Benson,  Secretary  of  State. 


24  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

THE  UNIVERSITY  OF  OREGON  ALUMNI  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 


REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 


An  act  to  amend  Section  3529  of  Bellinger  and  Cot- 
ton's Annotated  Codes  and  Statutes  of  Oregon  by 
increasing  the  annual  appropriation  for  the  support 
and  maintenance  of  the  University  of  Oregon.  Vote  YES  or  NO. 

314.  Yes. 


315.  No. 


Argutiient  m  Favor  of  University  of  Oregon  Appropriatio)/  Bill  presented 
by  University  of  Oregon  Alumni  Association. 

Filed   February    1,   1908,   by  C.   N.   McArthur,   Chairman    University  of 
Oregon  Alumni  Campaign  Committee. 


APPEAL  FOR  STATE  UNIVERSITY. 

Alumni  Committee  Offers  Reasons  Why  Citizens  Should  Support  Higher 

Education 

Strong  Argument  for  Consideration  of  Every  Fair-minded  and  Progres- 
sive Taxpayer  of  Oregon. 

Portland,  Oregon,  February  1,  1907. 
To  the  Voters  of  Oregon: 

The  last  session  of  the  Oregon  Legislature  passed  a  bill  appropriating 
$125,000,  annually,  for  the  support  and  maintenance  of  the  University 
of  Oregon,  for  keeping  buildings,  grounds  and  the  other  property  thereof 
in  repair,  and  for  the  construction  of  buildings,  for  the  purchase  of  land, 
apparatus,  library  books  and  supplies. 

A  referendum  was  invoked  upon  the  bill,  so  it  will  not  become  a  law 
until  it  is  approved  by  a  majority  of  the  voters  of  the  State  at  the 
regular  election  on  June  1st,   1908.     The  Alumni  of  the  University  of 


Submitted  to  Voters  of  Oregon  June  1,  1908         25 


Oregon  issue  this  statement  to  the  voters  of  Oregon,  in  the  confident 
hope  and  belief  that  careful  consideration  of  the  facts  will  induce  them 
to  vote  "yes"  on  the  ballot  and  convert  the  bill  into  a  law. 

UNIVERSITY    ATTENDANCE    INCREASES. 

The  University,  along  with  the  rest  of  the  State,  has  just  entered 
upon  a  remarkable  period  of  growth.  In  every  section  of  Oregon  there 
are  being  established  high  schools,  from  which  the  sons  and  daughters  of 
the  people  are  finding  their  way  in  steadily  increasing  numbers  to  the 
halls  of  the  Univei'sity.  The  attendance  has  doubled  since  1901  and  has 
increased  23  per  cent  since  last  year,  despite  the  referendum  and  the 
temporary  crippling  of  the  institution.  There  are  now  four  hundred 
students  in  the  departments  at  Eugene,  exclusive  of  music,  and  a  total 
enrollment  (including  the  professional  schools)  of  six  hundred  students. 
It  is  reasonable  to  believe  that  the  rate  of  increase  will  be  still  more 
rapid  during  the  next  few  years,  owing  to  the  fact  that  the  number  of 
high  schools  is  rapidly  growing  and  a  large  percentage  of  their  graduates 
are  finding  their  way  to  the  University. 

OREGON   APPROPRIATION    SMALLEST. 

It  is  a  lamentable  fact  that  the  University  of  Oregon  is  now  receiving 
the  smallest  appropriation  for  maintenance  of  any  State  University  in 
the  Union.  The  present  appropriation  from  this  State  amounts  to  $47,500. 
In  addition  to  this,  the  University  receives  about  $12,000  a  year  from 
interest-bearing  funds  and  registration  fees.  The  University  of  Wash- 
ington receives  $200,000  per  year  (exclusive  of  buildings)  for  mainten- 
ance; the  University  of  Idaho,  $71,150;  the  University  of  Montana, 
$74,550;  the  University  of  Colorado,  $145,000;  the  University  of  Nevada, 
$85,000;  the  University  of  Iowa,  $230,000;  the  University  of  Wisconsin, 
$721,000;  the  University  of  Nebraska,  $235,500;  and  the  University  of 
California,  $558,035.  Many  of  these  States  are  also  spending  large  sums 
for  buildings  and  improvements.  The  last  Legislature  of  the  State  of 
Washington  appropriated  $600,000  for  new  buildings  at  the  University 
of  Washington.  Besides  these  large  sums  spent  for  the  support  of  their 
universities,  the  people  of  Washington,  Utah,  Colorado  and  Montana  are 
supporting  their  argiciiltur?)'  colleges  in  a  most  liberal  manner,  and  the 
people  of  Colorado  and  Montana  are  each  supporting  a  State  School  of 
Mines. 

COMPARATIVE   COST    PER    STUDENT. 

The  direct  maintenance  cost  per  student  to  the  State  (exclusive  of 
buildings)  in  a  number  of  typical  western  universities,  for  the  year  1907, 
is  shown  in  the  following  table.  A  second  table  shows  the  entire  cost  per 
student  to  the  State,  including  expenditures  for  building  and  equipment. 
The  maintenance  figure  for  Oregon  is  estimated  on  the  basis  of  the  new 
appropriation  of  $125,000,  and  not  of  the  present  appropriation  of  $47,500, 
which  would  make  a  cost  per  student  much  less.  The  number  of  students 
given  is  inclusive  of- the  department  of  Liberal  Arts,  Engineering,  Medi- 


26 


Pamphlet  Containing  Measures  to  be 


cine,  and  Law,  for  the  reason  that  the  outside  State  University  reports 
include  all  departments,  and  it  is  not  possible  to  make  an  accurate  segre- 
gation in  the  funds  in  arriving  at  the  cost  per  student  to  the  State. 

Table  1. 

For  Total  Population  Cost  to  the 

State.  maintenance  number  of  State  State  per 

only.  students.       (1900  census.)  student. 

Washington     $202,000  1268  518,103  $151.00 

Oregon   (a)   80,000  600  413,536  133.00 

Idaho    71,150  (6)397  161,772  179.00 

California    558,035  3000  1,485,052  180.60 

Montana    74,550  (c)383  243,329  194.00 

South  Dakota  58,000  (d)210  401,570  276.00 

North    Dakota    67,368  (e)455  319,146  '  148.00 

Iowa    230,000  1815  2,231,853  126.50 

Wisconsin    721,000  3500  2,069,042  200.00 

Table  2. 

(/)  Total  appropriations        Total  Oost  to  the 

State.  for  maintenance  number  State  per 

and  buildings.  students.  student. 

Washington    $500,000  1268  $392.00 

Oregon    125,000  600  208.00 

Idaho    -. 129,150  (6)397  325.00^ 

California    822,148  3000  274.00 

Montana    87,550  (c)383  228.00 

North    Dakota   147,171  (e)455  323.00 

Iowa     230,000  1815  321.00 

Wisconsin 921,000  3500  207.00 

Income.  ('nsl  ppr  student. 

Harvard    $1,700,000  3945  $420.00 

Yale    921,444  3208  287.00 

BASIS  OF  COMPARISONS. 

It  is  perfectly  clear  that  the  only  fair  comparison  of  cost  per  student 
is  between  institutions  doing  a  similar  grade  of  work.  It  is  grossly  unjust 
to  compare  the  cost  in  a  university  with  the  cost  in  elementary  schools,  or 
even  in  colleges  which  are  struggling  desperately  to  secure  proper  equip 
ment  and  more  nearly  adequate  support.  The  cost  at  the  University  of 
Oregon  is  extremely  low  as  compared  with  the  cost  in  other  State  uni 
versities,  and  that  is  the  real  test. 


(6)  162  of  Idaho's  397  students  are  preparatory, 

(c)  194  of  Montana's  383  students  are  preparatory. 

id)  80  of  South  Dakota's  210  students  are  preparatory, 

(e)  267  of  North  Dakota's  455  students  are  preparatory, 

(a)  Estimated  expenditure  for  maintenance  under  new  appropriation, 
the  rest  of  the  appropriation  to  go  for  building  and  equipment. 

(/)  Student  fees  and  interest  bearing  funds  not  included. 


Submitted  to  Voters  of  Oregon  June  1,  1908         27 


SCALE    OF    SALARIES    LOW. 

The  scale  of  salaries  at  the  University  of  Oregon  is  lower  than  that 
of  a  great  majority  of  State  universities.  The  salary  of  the  president  is 
$3,000,  as  against  $10,000  at  the  University  of  California,  $4,500  at  the 
University  of  Washington,  $3,600  at  the  University  of  Idaho,  $4,000  at 
the  University  of  Montana,  and  $5,000  at  the  Oregon  Agincultural  College. 
The  maximum  salaries  paid  to  professors  at  the  University  of  Oregon  is 
$2,000,  as  against  a  standard  university  salary  of  not  less  than  $3,000. 
Only  eight  professors  receive  the  full  salary  of  $2,000;  nine  receive  $1,600 
per  year,  and  the  remaining  members  of  the  instructional  force  receive 
salaries  ranging  from  $1,200  to  $300  per  year.  The  entire  salary  roll  is 
lower  than  that  of  superintendent,  principals  and  grade  teachers  in  good 
city  schools. 

The  rapid  growth  in  the  number  of  students  enrolled  at  the  University 
has  pushed  every  member  of  the  teaching  force  up  to  maximum  work. 
With  the  certain  increase  in  numbers  next  year,  it  will  be  absolutely 
necessary  to  employ  additional  instructors.  The  department  of  Geology 
has  been  without  a  head  since  the  death  of  Dr.  Condon,  two  years  ago, 
owing  to  the  lack  of  funds  with  which  to  pay  salaries.  Several  depart- 
ments are  so  badly  overcrowded  that  they  should  be  divided  and  new  men 
secured  to  take  a  part  of  the  work. 

OREGON   LOWEST   IN   EQUIPMENT. 

In  the  matter  of  equipment  and  buildings  the  University  of  Oregon  is 
also  at  the  foot  of  the  list.  The  total  value  of  the  land,  buildings  and 
equipment  at  the  University  of  Oregon  is  $350,000,  as  compared  with 
$500,000  at  the  University  of  Idaho,  $360,000  at  the  University  of  Mon- 
tana, $719,500  at  the  University  of  Utah,  $514,000  at  the  University  of 
Colorado,  and  $5,641,000  at  the  University  of  California.  The  campus 
of  the  University  of  Oregon  contains  but  twenty-seven  acres  of  land, 
while  the  campus  of  the  University  of  Washington  contains  270  acres. 

UNIVERSITY  IS  BADLY  CRIPPLED. 

The  present  condition  of  the  University  of  Oregon  is  deplorable.  ClasF- 
rooms  and  laboratories  are  overcrowded,  and  no  relief  can  be  had  without 
new  buildings.  The  woman's  dormitory  cannot  be  used  because  there  is 
no  money  with  which  to  provide  the  heating  plant,  and  the  library  build- 
ing is  wholly  destitute  of  lights.  During  the  months  of  October,  Novem- 
ber and  December,  1907,  the  faculty  of  the  University  served  without  pay, 
there  being  no  money  left  in  the  treasury.  Several  members  of  the 
faculty  received  flattering  offers  to  go  elsewhere,  but  out  of  loyalty  to 
the  University  and  to  the  State,  they  declined  these  offers  and  remained. 
These  facts  are  injurious  to  Oregon's  good  name  as  an  educational  State, 
and  the  conditions  are  unjust  to  the  young  men  and  women  who  are  to 
receive  their  education  in  Oregon. 


28  Pamphlet  Containing  Measures  to  be 


NEW  SETTLERS  DEMAND  GOOD  SCHOOLS. 

The  States  of  the  Middle  West  from  which  Oregon  is  endeavoring  to 
attract  immigration  are  appropriating  large  sums  for  their  universities. 
Iowa,  for  example,  appropriated  $583,566  for  her  university  for  the  year 
1907,  and  Kansas  appropriated  $367,500.  Both  these  States  are  liberal 
in  the  support  of  their  agricultural  colleges. 

A  veto  of  the  Oregon  appropriation  by  the  voters  of  the  State  will 
seriously  injure  the  reputation  of  Oregon  among  the  great  common- 
wealths of  the  Middle  West.  Sixty  per  cent  of  the  students  in  the 
Oregon  high  schools  have  entered  the  State  from  other  States  during  the 
past  five  years.  These  figui-es  show  plainly  that  settlers  from  the  East 
and  Middle  West  expect  Oregon  to  provide  an  efficient  system  of  schools. 

LOSS  TO  THE  STATE  THROUGH  STUDENTS  GOING  ELSEWHERE. 

At  the  present  time  more  than  200  young  men  and  women  from  the 
State  of  Oregon  are  attending  colleges  in  other  States.  The  cost  to  each 
of  these  students  for  travel,  tuition  and  living  is  not  less  than  $500  per 
year  (in  many  instances  $1,000  per  year),  and  in  this  way  Oregon  is 
losing  more  than  $100,000  each  year.  Worse  still,  she  loses  permanently 
many  of  these  most  promising  young  men  and  women  who  go  elsewhere 
for  their  education.  It  is  hard  to  estimate  how  much  each  of  them  might 
be  worth  to  Oregon.  We  are  now  sending  to  Washington  and  California 
more  than  a  hundred  students,  many  of  whom  will  locate  in  the  State 
where  they  receive  their  education.  Let  us  build  up  in  Oregon  an  insti- 
tution equal  to  the  best  to  be  found  anywhere,  not  only  in  order  that  wex 
may  keep  at  home  the  students  who  now  go  away,  but  also  that  we  may 
offer  opportunities  for  the  most  thorough  training  to  the  boys  and  girls 
who  are  unable  to  afford  the  expense  of  leaving  their  own  State.  They 
can  manage  by  industry  to  make  their  way  through  their  own  State 
University,  where  no  tuition  is  charged,  but  are  absolutely  barred  by  the 
$500  to  $800  required  to  go  out  of  the  State. 

THE  OPPORTUNITY  OF  THE  POOR. 

Poor  and  rich  alike  can  share  in  the  advantages  offered  by  the  State 
University.  Tuition  is  free,  and  the  cost  of  living  low.  Any  determined 
young  man  or  woman  can  hope  to  get  a  University  education.  A  wide 
field  of  opportunity  is  opened  up  by  the  training  given  at  the  State  Uni- 
versity. Statistics  show  that  the  earning  powei-s  are  fully  doubled,  and 
this  is  but  a  small  part  of  the  real  gain.  In  a  government  by  the  whole 
people,  the  training  which  will  prepare  for  the  highest  positions  ought  to 
be  abundantly  provided  for  the  sons  and  daughters  of  all  the  people. 

STUDENTS  ARE  SELF-SUPPORTING. 

The  students  at  the  University  of  Oregon  come  from  the  common 
people.  Few  of  them  have  the  means  to  pay  tuition  and  attend  the  big 
institutions  of  the  East.  Sixty-five  per  cent  of  the  young  men  at  Eugeno 
are  earning  their  own  way,  either  wholly  or  partially,  through  college. 


Submitted  to  Voters  of  Oregon  June  1,  1908         29 


Students  have  entered  the  University  with  less  than  $20.00  in  money, 
and  yet  have  been  able,  through  their  own  exertions,  to  work  their  way 
through  to  graduation.  Its  students  are  in  college  because  they  want  an 
education.  They  are  in  earnest.  They  mean  business.  Why  should  they 
not  be  given  the  facilities  and  opportunities  that  the  young  men  and 
women  of  other  States  are  given? 

UNIVERSITY   A  PART  OF  THE   PUBLIC  SCHOOL  SYSTEM. 

The  states  which  support  their  universities  most  liberally  are  the 
ones  that  have  the  strongest  system  of  public  schools;  as  for  example, 
California,  Iowa,  Wisconsin  and  Minnesota.  A  strong  university  is  abso- 
lutely necessary  for  a  strong  public  school  system,  for  the  university  is 
nothing  more  or  less  than  the  head  of  the  State's  public  schools.  The 
University  of  Oregon  has  exerted  a  strong  influence  over  the  public 
school  system  of  the  State.  More  than  125  of  its  graduates  are  teaching 
in  the  public  schools  and  high  schools  of  Oregon.  Eighteen  out  of  fifty 
four  young  men  and  women  who  were  graduated  last  June  are  now 
teaching  in  the  State's  common  schools  and  high  schools.  The  demand 
for  well-trained  teachers  is  three  times  as  large  as  the  supply.  The  in- 
fluence of  the  University  over  the  school  system  of  the  State  will  become 
greater  as  the  University  becomes  stronger. 

It  is  absurd  to  say  that  the  University  appropriation  stands  in  the  way 
of  the  development  of  the  public  schools.  The  cost  of  the  University, 
annually,  to  each  person  in  the  State  is  less  than  thirty  cents,  (^r)  on  the 
basis  of  the  appropriation  of  $125,000.  The  rate  of  the  University  tax 
would  be  less  than  one-fourth  of  a  mill. 

UNIVERSITY  SERVES  ALL  THE  PEOPLE. 

The  aim  of  the  University  is  to  serve  not  only  the  students  who  are 
within  its  walls  for  instruction,  but  also  the  people  of  the  State  at  large. 
To  this  end,  correspondence  courses  have  been  established  and  instruction 
is  now  being  given  to  250  students  in  every  part  of  the  State,  who  are  not 
able  to  attend  the  University. 

The  departments  of  Economics,  Education,  Mining  and  others  have 
responded  loyally  to  the  many  calls  made  on  them,  and  every  department 
in  the  University  is  constantly  serving  the  State. 

AMOUNT  OF  INCREASE  IN  APPROPRIATION. 

The  proposed  appropriation  of  $125,000  will  stand  in  lieu  of  the 
present  annual  appropriation  of  $47,500  per  year,  and  of  all  special  ap- 
propriations, such  as  have  been  made  in  the  past.  Special  appropriations 
were  necessary  at  the  session  of  the  Legislature  in  1903,  and  also  in  1905. 
The  average  amount  provided  by  the  State  during  the  years  of  1905  and 


(g)  This  estimate  is  made  on  the  basis  of  the  census  of  1900.  On  the 
basis  of  the  present  population,  the  annual  cost  to  each  person  in  the 
State  will  be  less  than  twenty-five  cents. 


30  Pamphlet  Containing  Measures  to  be 


1906  was  $78,750  per  year.     The  increase  in  the  appropriation  is  from 
this  amount  to  the  new  appropriation  of  $125,000,  or  $46,250  per  year. 

f^OR   WHAT    NEEDED. 

The  estimate  for  the  bare  cost  of  maintenance  (exclusive  of  buildings, 
laboratory  equipment  and  of  books  for  library)  is  $80,000,  on  the  most 
economical  basis. 

New  recitation  buildings,  now  urgently  need,  will  cost  not  less  than 
$50,000. 

An  adequate  dormitory  should  be  provided  for  the  young  women  of 
the  University,  costing  approximately  $40,000. 

Additional  land  should  be  secured  while  it  is  available.     An  expendi 
ture  of  from  $15,000  to  $25,000  for  land  at  the  present  time  would  save 
a  much  larger  expenditure  in  the  future. 

A  number  of  the  departments  are  badly  in  need  of  modern  laboratory 
equipment.  It  will  require  at  least  $15,000  to  put  them  in  condition  for 
good  work.  The  Library  stands  is  need  of  $10,000  for  books  and  general 
equipment,  to  bring  it  up  to  the  efficiency  of  even  the  smaller  university 
libraries. 

The  grounds,  heating  plant  and  furniture  for  new  buildings  will 
require  $15,000. 

The  needs  above  specified  aggregate  $155,000,  enough  to  consume  the 
margin  above  cost  of  maintenance  for  at  least  three  years,  with  all  other 
sources  of  revenue  counted,  and  without  making  any  allowance  for  in- 
creased expenditures  necessarily  attendant  on  the  rapidly  increasing 
number  of  students. 

ADVANTAGES  OF  A  CONTINUING  APPROPRIATION, 

The  appropriation  bill  which  is  about  to  be  voted  upon  provides  for  a 
continuing  appropriation.  The  proposed  bill  was  modelled  after  the  bill 
which  provides  for  a  continuing  appropriation  at  the  Oregon  Agricultural 
College. 

The  continuing  appropriation  has  been  tried  in  other  States,  where 
it  has  served  to  keep  the  universities  fi*om  political  and  other  combina- 
tions and  complications  in  the  State  legislatures.  It  is  now  very  gen- 
erally accepted  in  principle. 

WHY  UNSEGREGATED. 

If  an  appropriation  is  to  be  a  continuing  one,  extending  over  a  number 
of  years,  it  is  obviously  impossible  to  segregate  it  into  separate  funds  for 
maintenance,  buildings  and  improvements,  for  the  reason  that  the  needs 
of  each  year  will  differ  from  those  of  the  preceding  year  as  the  University 
grows  in  numbers  and  expands  in  its  work.  The  maintenance  side  virill 
inevitably  grow  larger  as  the  enrollment  of  students  increases.  If  the 
University  is  to  be  freed  from  the  necessity  of  going  to  the  Legislature 
every  two  years  for  special  appropriations,  the  only  possible  method  is  '..o 
leave  the  Board  of  Regents  free  to  use  the  total  resources  of  each  year 
to  meet  the  need  of  the  year  as  their  best  judgment  may  determine.    The 


Submitted  to  Voters  of  Oregon  June  1,  1908         31 


Board  is  composed  of  disinterested  and  representative  citizens,  living  in 
widely  scattered  sections  of  the  State,  who  have  no  interest  to  serve  but 
that  of  the  public  welfare.  They  are  more  familiar  with  the  needs  of 
the  University  each  year  than  any  one  else  can  be  and  are  better  qualified 
than  any  one  else  to  make  up  the  year's  budget.  Their  bills  all  go 
through  the  office  of  the  Secretary  of  State,  and  they  print  annually  for 
general  distribution  a  complete  statement  of  all  the  University's  financial 
transactions. 

TAX.  BURDEN  WILL  NOT  BE  HEAVY. 

If  the  appropriation  bill  becomes  a  law  the  amount  of  taxes  required 
to  support  the  University  will  be  less  than  twenty-five  cents  per  year 
for  every  one  thousand  dollars'  worth  of  property  and  will  grow  less  as 
the  value  of  the  property  in  the  State  increases.  The  man  who  pays  taxes 
on  $500  worth  of  property  will  pay  twelve  and  one-half  cents,  per  year, 
for  the  support  of  the  University.  The  man  who  pays  taxes  on  $4,000 
worth  will  pay  one  dollar.  Are  such  amounts  excessive,  when  it  is  pro- 
posed to  build  up  an  institution  where  the  sons  and  daughters  of  our 
common  people  can  receive  the  education  which  the  times  demand? 

AN  APPEAL  TO  VOTERS. 

The  Alumni  of  the  University,  in  issuing  this  statement,  have  no 
interest  to  serve  but  that  of  Oregon,  They  believe  that  the  young  men 
and  women  of  Oregon  deserve  educational  advantages  as  good  as  those 
enjoyed  by  the  young  men  and  women  of  other  States.  In  full  faith  in 
the  intelligence  and  fairness  of  the  voters  of  Oregon,  they  earnestly 
appeal  to  their  loyalty  to  the  cause  of  education  for  a  careful  and 
friendly  consideration  of  the  University's  needs,  and  a  conclusive  majority 
in  favor  of  its  adequate  support. 

C.  N.   McARTHUR, 
ALLEN    H.  EATON, 
L.   R.  ALDERMAN, 
HOMER   I.   KEENEY, 
HOMER  D.  ANGELL. 
(Endorsed)  — 

Filed  February  1,  1908. 

F.  W.  Benson,  Secretary  of  State. 


32  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(negative) 

SUBMITTED  BY 

EUGENE   PALMER  and  CYRUS  H.  WALKER, 
Special  Committee  of  Linn  County  Council,  Patrons  of  Husbandry, 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 


REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 


An  act  to  amend  section  3529  of  Bellinger  &  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon  by  increas- 
ing the  annua!  appropriation  for  the  support  and 
maintenance  of  the  University  of  Oregon.  Vote  YES  or  NO. 


314.  Yes. 


315.  No. 


ARGUMENT 

Presented  by  Linn  County  Cotincil,  Patrons  of  Husbandry,  opposing  the 
adoption  of  House  Bill  No.  37,  increasing  the  appropriation  from 
$47,500.00  to  $125,000.00  annually  and  perpetnally  for  the  University 
of  Oregon. 

Eugene  Palmer  and  Cyuus  H.  Walker,  Special  Committee. 

The  people  should  vote  "No"  on   this  bill  for  the  following 

REASONS: 

1.  The  University  claims  an  increase  of  23  per  cent  in  students,  yet 
asks  an  increase  in  appropriation  to  nearly  300  per  cent. 

2.  This  bill  was  vetoed  by  the  Governor  on  the  ground  that  it  was  an 
exce.ssive  increase  in  the  appropriation.  The  pretended  tables  set  out  in 
the  argument  of  the  Alumni  are  incorrect  in  important  particulars,  and 
contradict  the  report  of  President  Campbell,  which  shows  but  399  stu 
dents  enrolled  in  the  University  course.  In  figuring  the  cost  of  education 
at  Eugene  per  capita,  they  claim  600  students,  and  omit  to  show  tnat 
200  students  in  the  law  and  medical  departments  at  Portland  only  receive 
$1,600.00  out  of  the  appropriation.  They  also  omit  from  the  tables  the 
fact  that  the  University  receives  $12,000.00  from  interest-bearing  funds 
and  registration  fees.  Figuring  upon  this  basis,  adding  the  $12,000.00, 
deducting  $1,600.00  for  Law  and  Medicine,  and  dividing  by  399  students 
at  Eugene,  their  "Table  1"  would  show  $229.00  cost  per  year  for  each 


Submitted  to  Voters  of  Oregon  June  1,  1908         33 

student   instead   of   $133.00   as   they  claim,   and   "Table  2"   would   show 
$339.00  cost  for  each  student,  instead  of  $208.00  as  they  claim. 

3.  They  argue  that  "new  settlers"  will  be  deterred  from  coming  to 
Oregon  if  this  appropriation  be  defeated.  New  settlers  will  be  encour- 
aged to  come  to  Oregon  when  they  learn  that  the  appropriation  was  de- 
feated because  excessive. 

4.  If  this  appi'opriation  be  defeated  the  University  will  not  suffer.  It 
will,  according  to  its  own  statement,  still  have  $60,000.00  per  year,  or 
$150.00  per  student,  against  a  little  over  $8.00  per  pupil  in  the  common 
schools.  If  more  is  needed  for  new  buildings,  etc.,  the  next  Legislature 
can  supply  such  additional  funds  as  may  be  proper  and  not  extravagant. 

5.  The  University  is  not  poor.  Its  students  are  not  poor.  They  re- 
cently employed  a  man  to  coach  their  football  team,  paying  him  $1,500.00 
for  a  little  more  than  two  months  "instruction,"  and  boasted  in  the 
Portland  papers  that  it  was  the  largest  salary  ever  paid  in  the  Northwest 
to  a  football  coach. 

6.  The  University  has  35  instructors  for  399  students,  an  average  of 
one  instructor  for  11  students.  If  the  appropriation  be  nearly  trebled, 
how  many  students  will  each  professor  then  teach? 

7.  Before  the  University  appropriation  is  increased,  there  should  be 
legislation  fixing  the  courses  of  study  in  the  Agricultural  College  and 
the  University,  so  as  to  avoid  duplication,  and  requiring  each  institution 
to  do  the  work  of  the  greatest  value  to  the  State  at  minimum  cost. 

8.  This  bill  asks  an  increase  from  $47,500.00  to  $125,000.00  per  year. 
If  this  enormous  increase  be  granted  it  will  encourage  them  to  ask  for 
still  more.  It  is  history  that  educational  institutions  in  Oregon,  as  soon 
as  they  get  one  appropriation,  hurry  back  to  the  next  session  of  the 
Legislature  to  ask  for  another.     Their  hands  are  always  out. 

9.  We  maintain  that  the  AMERICAN  COMMON  SCHOOL  is  the 
"head"  of  our  educational  system,  rather  than  the  University  of  Oregon. 
We  hold  that  it  is  much  more  important  to  provide  better  common  and 
high  schools,  available  to  all  the  youth  of  the  State,  than  to  grant  the 
unreasonable  demands  of  tVe  State  University,  the  direct  benefits  of 
which  da  not  reach  one-tenth  of  one  per  cent  of  the  people  of  the  State. 
Less  than  five  per  cent  of  the  pupils  of  the  United  States  receive  a  uni- 
versity education;  less  than  eight  per  cent  pass  beyond  the  common 
school  course.  In  a  great  many  outlying  school  districts  in  Oregon  there 
is  not  more  than  four  months  public  school  each  year,  because  of  lack  of 
money  to  pay  teachers,  and  teachers  are  scarce  because  poorly  paid.  The 
University  professor  is  paid  $2,000.00  per  year,  and  the  buildings  are  pro- 
vided at  State  expense,  while  the  school  district  must  tax  itself  to  provide 
school  buildings.  The  State  money  available  for  each  pupil  in  the  com- 
mon school  is  little  more  than  $8.00  per  year.  In  this  bill  the  University 
asks  $339.00  a  year  per  student. 

10.  The  University  has  shown  bad  faith  in  pushing  this  bill.  They  do 
not  clearly  specify  the  purposes  of  the  appropriation.  They  have  twice 
appealed  to  the  courts  upon  technicalities — once  to  prevent  the  submis- 

2 


34  Pamphlet  Containing  Measures  to  be 


sion  of  the  bill  to  the  people,  in  which  they  were  defeated  in  the  Supreme 
Court,  and  again  to  prevent  a  plain  statement  of  fact  in  the  ballot  title. 
They  now  file  an  argument  which  is  fallacious  and  misleading.  It  states 
that  the  maintenance  per  year  for  the  University  of  Idaho  is  $71,150.00, 
but  fails  to  explain  that  the  appropriation  is  for  a  State  University  and 
Agricultural  College  combined.  In  the  statement  that  Washington  ap- 
propriated $600,000.00  for  new  buildings,  they  omit  to  state  that  these 
buildings  are  for  the  Yukon  Fair,  to  be  afterwards  turned  over  to  the 
University.  A  university  supported  by  the  people  ought  to  set  an  ex- 
ample of  fairness,  and  by  example,  as  well  as  precept,  teach  civic  honesty. 

11.  Too  much  of  the  mechanical  and  technical  engineering  of  the  Agri- 
cultural College  is  being  duplicated  at  the  State  University.  It  will  cost 
$150,000.00  to  completely  equip  this  department.  There  is  no  common 
sense  reason  why  the  State  should  maintain  two  costly  plants  for  this 
special  work  in  the  western  part  of  the  State,  and  less  than  fifty  miles 
apart.  Fully  25  per  cent  of  the  students  at  the  University  are  engaged 
in  this  duplicate  work. 

12.  They  built  a  girls'  dormitory  in  1906  at  a  cost  of  $5,000.00  and 
now  ask  for  another  at  a  cost  of  $40,000.00.  They  announce  their  inten- 
tion of  buying  20  acres  of  land  at  $25,000.00,  or  $1,250.00  per  acre. 
University  professors  on  large  salaries  get  extravagant  ideas. 

1.3.  Very  many  people  believe  that  those  few  who  receive  university 
educations  should  pay,  at  least  in  part,  for  it;  for  they  who  have  relied 
on  the  State  for  education,  and  indirectly  for  support,  up  to  manhood 
and  womanhood,  will  be  very  much  disposed  to  lean  on  the  State  all  their 
lives.  Upon  this  theory  a  tuition  fee  is  charged  at  the  Universities  of 
Minnesota,  Michigan,  Pennsylvania,  and  other  best  knovra  State  univer- 
sities. The  largest  tuition  charges  at  any  independent  college  in  Oregon 
is  $51.00.  The  salaries  of  teachers  are  about  50  per  cent  greater  at  the 
University  of  Oregon  than  at  the  independent  colleges.  The  classes  at 
the  independent  colleges  are  much  larger,  each  teacher  handling  about 
double  the  number  of  students.  Regardless  of  the  tuition  charged,  there 
are  265  students  enrolled  at  Pacific  University,  175  at  McMinnville  Col- 
lege, 342  at  Willamette  University,  and  more  than  100  at  Albany  College, 
as  well  as  large  enrollments  at  Columbia  University,  Mount  Angel  Col- 
lege, Pacific  College  at  Newberg,  Philomath  College,  Dallas  College  and 
others,  estimated  at  more  than  four  times  the  enrollment  at  the  State 
University.  Expenses  to  students  at  these  colleges,  including  tuition,  do 
not  exceed  the  expenses  at  the  University  of  Oregon.  Incidentally,  in  the 
competition  of  1907  for  the  Rhodes  scholarship,  a  student  of  one  of  the 
above  independent  colleges  defeated  the  students  of  the  University  of 
Oregon,  and  won  the  prize.  It  is  also  a  fact  that  eight  States  in  the 
Union  (including  New  York  and  New  Jersey)  have  no  State  universi- 
ties. Oregon,  with  two  exceptions,  has  more  normal  schools  in  propor- 
tion to  population,  than  any  State  in  the  Union.  These  facts  seem  to 
refute  the  assertion  that  Oregon  is  not  keeping  pace  vdth  other  States 
in  higher  education. 


Submitted  to  Voters  of  Oregon  June  1,  1908         35 


14.  The  school  influence  controlled  the  organization  of  the  Legislature 
for  1907  so  completely  as  to  have  a  clear  majority  in  the  Ways  and 
Means  Committees  and  the  Committees  on  Education  in  both  houses. 
These  committees  approved  everything  asked  for  State  schools  and  rec- 
ommended the  passage  of  appropriations  amounting  to  more  than  $800,- 
000.00.  These  proposed  appropriations  were  reduced  about  $200,000.00 
by  the  Legislature,  but  no  r.eduction  was  made  on  the  amount  for  the 
State  University  while  appropriations  for  all  other  State  schools  were 
scaled  down.  The  school  influence  has  dominated  and  controlled  all  re- 
cent sessions  of  the  Legislature.  It  has  been  so  strong  that  all  political 
parties  have  been  subservient  to  it,  and  little  legislation  has  been  ac- 
complished except  by  its  consent;  and  the  price  of  its  consent  has  been 
these  extravagant  appropriations  for  State  schools. 

If  this  bill  be  allowed  to  pass,  the  University  will  use  the  fact  as  a 
club  in  demanding  further  appropriations  from  future  legislatures.  If, 
on  the  other  hand,  the  bill  be  defeated,  the  people  will  thereby  express  a 
protest  against  extravagance,  and  only  reasonable  appropriations  will 
be  made  hereafter. 

Relying  upon  the  intelligence,  integrity  and  good  judgment  of  the 
common  people  of  Oregon,  we  most  respectfully  submit  our  cause,  with 
full  confidence  that  they  will  reject  this  measure  at  the  coming  June 
election  by  voting  "No." 

EUGENE  PALMER, 
CYRUS  H.  WALKER, 
Special  Committee  of  Linn  County  Council,  Patrons  of  Husbandry. 

(Endorsed) —  , 

Filed  February  24,  1908. 

F.  W.  Benson,  Secretary  of  State. 


36  Pamphlet  Containing  Measures  to  be 


AN  AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT    THE 

REGULAR  GENERAL  ELECTION 

TO  BE   HELD 

On  the  First  Day  of  June.  1908, 

TO  AMEND 

Section  2  of  Article  II 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

15,   1908,   in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The   following  is  the   form  and  number  in   which   the  question   will   be 

printed  on  the  official  ballot: 


PROPOSED  BY  INITIATIVE  PETITION 


For    equal   suffrage    constitutional    amendment,    per- 
mitting women  to  vote  on  equal  terms  with  men.         Vote  YES  or  NO. 

316.  Yes. 

317.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         37 


[On  Official  Ballot,  Nos.  316  and  317.] 

WOMAN  SUFFRAGE  AMENDMENT. 

Section  2  of  Article  II  of  the  Constitution  of  the  State  of  Oregon  shall 
be  and  hereby  is  amended  to  read  as  follows: 

Section  2.  In  all  elections  not  otherwise  provided  for  by  this  Con- 
stitution, every  citizen  of  the  United  States,  of  the  age  of  twenty-one 
years  and  upwards,  who  shall  have  resided  in  the  State  during  the  six 
months  immediately  preceding  such  election,  and  every  person  of  foreign 
birth  of  the  age  of  twenty-one  years  and  upwards,  who  shall  have  residpd 
in  this  State  during  the  six  months  immediately  preceding  such  election, 
and  shall  have  declared  his  intention  to  become  a  citizen  of  the  United 
States  one  year  preceding  such  election,  conformably  to  the  laws  of  the 
United  States  on  the  subject  of  naturalization,  shall  be  entitled  to  vote 
at  all  elections  authorized  by  law;  it  is  expressly  provided  hereby  that  no 
•one  shall  be  denied  the  right  to  vote  on  account  of  sex. 


38  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

THE  OREGON  STATE  EQUAL  SUFFRAGE  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


For    equal   suffrage    constitutional    amendment,    per- 
mitting women  to  vote  on  equal  terms  with  men.         Vote  YES  or  NO. 


316.  Yes. 


317.  No. 


AN  OPEN  LETTER. 

To  Every  Liberty-Loving  Voter  of  Oregon,  Greeting: 

The  undersigned,  representing,  as  we  believe,  the  large  majority  of  the 
women  of  Oregon,  are  happy  to  embrace  this  opportunity,  accorded  to  us 
through  your  initiative  petitions,  to  lay  before  you  a  few  of  our  many 
reasons  for  believing  you  will  be  as  proud  to  extend  to  us,  at  the  coming 
June  election,  your  courteous  invitation  to  join  you  in  full  and  free  pos- 
session of  the  elective  franchise,  as  were  the  gallant  men  of  Wyoming,^ 
Colorado,  Idaho  and  Utah,  who  bestowed  full  rights  of  citizenship,  almost 
without  solicitation,  upon  every  law-abiding  woman  within  their  borders. 

This  movement,  which  began  in  Oregon  in  1871,  grew  so  rapidly,  under 
guidance  of  pioneer  men  and  women  and  public-spirited  law-makers,  that 
the  Legislative  Assembly  enacted,  in  autumn  of  1872,  a  married  woman's 
sole  trader  bill,  enabling  a  wife  to  hold  her  own  earnings,  if  necessary,  as 
her  own  property,  by  registering  her  intention  with  the  county  court. 
Stimulated  by  this  small  beginning,  the  growth  of  public  sentiment  in 
favor  of  equal  property  rights  for  women  has  placed  Oregon  women  far 
in  advance,  as  self-earning  property-holders,  of  women  of  any  other  State- 
in  the  Union,  except  the  four  States  wherein  they  already  vote. 

But,  although  we  are  taxpayers,  we  are  not  yet  full-fledged  voters. 
This  handicap  brings  the  wage  earnings  of  women  into  ruinous  compe- 
tition with  wage-earning  voters,  and  is  a  disability  from  which  we  be- 
lieve you  will  be  glad  to  relieve  us  by  your  votes  next  June,  in  the  inter- 
est of  both  halves  of  the  people. 

This  movement  grew  from  the  small  beginning  in  1872,  above  noted^. 
until  the  year  1884,  when  your  representatives  submitted  for  us,  by  legis- 
lative enactment,  a  constitutional  amendment  at  the  State  election  of  that 
year,  which  brought  us  11,223  votes.  Our  proposed  amendment  was  again 
submitted  to  a  vote  of  one-half  of  the  people  in  the  year  1900,  and  the 
"yes"  vote  had  by  that  time  grown  to  26,265.  The  amendment  was  again 
submitted  (always  by  men)  in  1906,  and  the  "yes"  vote  rose  to  36,902. 
For   causes   that  are   wholly   eliminated   from   the   present  campaign 


Submitted  to  Voters  of  Oregon  June  1,  1908         39 


(and  we  hope  from  all  future  State  campaigns  for  equal  rights,  and, 
therefore,  need  not  be  explained  in  this  letter)  the  "no"  vote  of  1906  was 
for  the  first  time  proportionately  increased,  but  the  readiness  with  which 
men  have  responded  with  their  signatures  to  the  large  initiative  petitions, 
through  which  you  have  reopened  our  case,  is  an  assurance  to  us  of  your 
success  in  our  behalf  at  the  June  election  of  1908,  for  which  we  are  patri- 
otically expectant  and  profoundly  grateful  in  advance. 

If  any  of  you  say  you  are  weary  of  this  agitation,  we  answer  in  all 
seriousness,  so  are  we.  So  weary  are  we  that  we  believe  you  will,  in 
mercy,  not  compel  us  to  repeat  this  struggle  in  the  year  1910,  as  we 
surely  must  if  you  fail  us  this  time. 

If  there  shall  yet  remain  a  few  women  who  should  attempt  to  repeat 
their  former  protest  in  this  pamphlet  against  equal  rights  for  other  wom- 
en, of  which  they  are  unable  or  unwilling,  from  their  viewpoint,  to  see  the 
need,  we  trust  your  practical  good  sense  to  prove  to  them  through  your 
affirmative  votes  in  our  behalf  that  our  enfranchisement,  while  enlarging 
our  opportunities,  will  in  no  way  encroach  upon  their  rights  or  liberties. 

If  any  man  objects  to  extending  to  his  wife  and  mother  the  power  of 
the  ballot  from  the  fear  that  if  they  become  his  equals  they  will  neglect 
or  forsake  the  home,  we  shall  depend  upon  you  to  divert  his  mind  from 
such  a  fallacy,  by  recalling  the  fact  that  the  home  instinct  is  inherent  in 
woman,  and  cannot  be  created  or  destroyed  by  laws  of  men's  or  women's 
making.  If  he  does  not  know,  of  his  own  accord,  that  there  are  many 
hundreds  of  men  and  women  in  Oregon,  who  could  not  have  the  semblance 
of  a  home  to  keep,  under  present  industrial  conditions,  if  women  did  not 
go  outside  to  earn  or  help  to  earn  the  means  to  rent  or  support  a  home 
in  ruinous  competition  with  ballotted  men,  just  let  him  alone;  his  delusion 
is  chronic,  and  he  is  past  recovery. 

This  movement  for  the  enfranchisement  of  your  closest  friends,  the 
mother-half  of  the  people  of  Oregon,  is  wholly  non-partisan,  non-sectarian 
and  non-political.  We  are  not  seeking  to  make  laws  to  govern  men.  We 
believe  as  implicitly  in  men's  fundamental  right  to  self-government  as  in 
our  own,  and  we  are  awaiting  your  invitation,  through  the  ballot  box,  to 
the  possession  of  our  inalienable  right  to  equality  with  you  before  the 
law,  which  we  prize  for  the  same  reasons  that  you  prize  it,  and  we  believe 
it  will  be  a  pleasure  to  you  to  bestow  it  upon  us  exactly  as  it  would  be 
our  pleasure  to  extend  it  to  you  under  reversed  conditions. 

Abigail  Scott  Duniway, 

President  Oregon  State  Equal  Suffrage  Association. 
Mrs.  Henry  Waldo  Coe,  Honorary  President. 
Mrs.  Elizabeth  Lord,  Vice-President. 
Mrs.  C.  M.  Cartwright,  Second  Vice-President. 
Sarah  A.  Evans,  Member  of  National  Exec.  Comm. 
Miss  Elma  Buckman,  Recording  Secretary. 
Mrs.  W.  E.  Potter,  Treasurer. 
Mrs.  A.  BoNHAM,  Financial  Secretary. 
Myrtle  E.  Pease,  Corresponding  Secretary. 
Mrs.  Elizabeth  Eggert,  First  Auditor. 
Martha  Dalton,  Second  Auditor. 
Mrs.  Imogene  Bath,  Third  Auditor. 

list  of  vice-presidents  by  counties. 

Baker,  Mrs.  Harvey  K.  Brown;  Benton,  Prof.  Helen  Crawford;  Clacka- 
mas, Mrs.   Eva  Emery  Dye;  Clatsop,  Mrs.  J.  H.  Trullinger;   Columbia, 


40 


Pamphlet  Containing  Measures  to  be 


Mrs.  E.  H.  Flagg;  Coos,  Mrs.  Henry  Sengstacken;  Crook,  Mrs.  Ada 
Millican;  Curry,  Mrs.  H.  A.  Stewart;  Douglas,  Mrs.  Ida  Marsters; 
Gilliam,  Mrs.  Clay  Clark;  Grant,  Mrs.  Ida  Niven;  Harney,  Mrs.  Frank 
Davey;  Jackson,  Mrs.  Hattie  S.  Day;  Josephine,  Mrs.  L.  L.  Mangum; 
Klamath,  Mrs.  O.  C.  Applegate;  Lake,  Mrs.  C.  U.  Snider;  Lane,  Mrs. 
Minnie  Washburne;  Lincoln,  Mrs.  R.  A.  Bensell;  Linn,  Dr.  Anna  B. 
Reed;  Malheur,  Miss  Tina  Chambers;  Marion,  Mrs.  Clara  H.  Waldo; 
Morrow,  Mrs.  Florence  Whitehead;  Multnomah,  Mrs.  C.  M.  Cartwright; 
Polk,  Mrs.  Walter  L.  Tooze;  Sherman,  Mrs.  Ella  Slayback;  Tillamook, 
Mrs.  Emma  Morrison;  Umatilla,  Mrs.  S.  A.  Lowell;  Union,  Mrs.  Minerva 
B.  Eaton;  Wallowa,  Mrs.  Elizabeth  Oakes;  Wasco,  Mrs.  Elizabeth  Lord; 
Washington,  Mrs.  Imogene  Bath;  Yamhill,  Mrs.  Emma  Galloway; 
Wheeler,  Mrs.  J.  S.  Stewart. 


IN  BEHALF  OF  EQUAL  SUFFRAGE  AMENDMENT. 


No  reason  can  be  given  for  man  suffrage  that  cannot  be 
urged  with  equal  force  in  favor  of  woman  suffrage. — The 
late  U.  S.  Senator  J.  N.  Dolph. 

I  have  nothing  but  words  of  commendation  and  praise 
for  equal  suffrage,  and  will  gladly  welcome  the  day  when 
women  are  permitted  to  vote  in  all  of  the  different  States 
and  territories,  and  at  all  elections. — Governor  Frank^R. 
Gooding  of  Idaho. 

I  hope  that  this  State  will  give  women  the  ballot,  and 
I  hope  that  every  State  will  do  it. — Geo.  E.  Chamberlain, 
Governor  of  Oregon. 

Bad  women  do  not  exert  an  appreciable  influence  in 
politics.  The  fact  that  women  vote  in  Wyoming  does  not 
interfere  in  any  way  with  home  duties,  nor  with  the  pleas- 
ant relationships  of  family  life. — Bryant  E.  Brooks,  Gov- 
ernor of  Wyoming. 

The  salvation  of  this  Republic  depends  upon  the  en- 
franchisement of  its  mothers. — The  late  W.  S.  Ladd. 

This  demand  for  the  enfranchisement  of  women  is 
right.  It  is  just.  No  man  has  any  right  to  vote  against  it. 
— Jcffemon  Myers. 

I  believe  the  enfranchisement  of  women  will  elevate  the 
standard  of  citizenship. — Colonel  R.  A.  Miller. 

I  am  naturally  conservative,  but  I  advocate  woman 
suffrage  because  it  is  i-ight. — The  late  Solomon  Hirsch. 

One  of  the  great  advantages  which  has  come  to  us  from 
woman  suffrage  is  the  fear  on  the  part  of  the  machine 
politicians  to  nominate  for  public  office  men  of  immoral 
character,  or  to  defeat  those  who  have  maintained  a  repu- 
tation for  honesty  and  decency. — Judge  B.  F.  Lindsay  of 
Colorado. 


Submitted  to  Voters  of  Oregon  June  1,  1908 


41 


I  go  for  all  sharing  the  privileges  of  the  government 
who  assist  in  bearing  its  burdens,  BY  NO  MEANS  excluding 
WOMEN.     Abraham  Lincoln. 

Over  and  above  all,  suffrage  is  the  woman's  right,  and 
no  fair,  just  man  will  deny  her  that  right.  While  we  may 
defend  equal  suffrage  upon  the  ground  of  expediency,  it 
is  not  a  question  of  expediency,  but  of  justice. — Ex-Gov- 
ernor Alva  Adajns  of  Colorado. 

I  do  not  in  the  least  believe  in  the  patient  Griselda 
type  of  woman.  *  *  *  j  believe  in  the  woman's  keep- 
ing her  self-respect,  just  as  I  believe  in  the  man's  doing 
so.  I  believe  in  her  rights  just  as  much  as  I  believe  in  the 
man's  and,  indeed,  a  little  more.  *  *  *  No  family  can 
become  all  it  should  be  if  the  mother  does  not  keep  in  touch 
sufficiently  vdth  outside  interests  and  what  is  going  on  in 
the  world  to  become  an  intellectual  stimulus  to  her  child- 
ren.— Theodore  Roosevelt. 

I  look  for  and  earnestly  desire  the  enfranchisement  of 
the  women  of  Oregon  at  the  June  election  of  1908. — U.  S. 
Senator  Jonathan  Bourne. 

The  fact  is,  and  can  readily  be  verified,  that  the  ad- 
vent of  women  into  the  political  arena  has  had  the  effect 
of  raising  the  moral  standard  to  a  much  higher  degree 
than  it  was  before. — Governor  Jesse  T.  McDonald  of 
Colorado. 

The  moral  delinquencies  from  which  many  men  suffer 
may  be  traced  to  the  disfranchisement  and  consequent 
moral  irresponsibility  of  mothers. — The  late  U.  S.  Senator 
John  H.  Mitchell. 

Utah  has  been  an  equal  suffrage  State  ever  since  state- 
hood was  granted,  and  my  observation  has  led  me  to  be- 
lieve that  the  results  of  giving  the  franchise  to  the  women 
have  been  beneficial. — Governor  John  C.  Cutler. 

I  have  always  assisted  the  women  of  Oregon  in  their 
efforts  to  secure  the  ballot.  Of  course  women  should  vote. 
—U.  S.  Senator  C.  W.  Fulton. 

The  right  of  suffrage  should  be  denied  to  no  citizen, 
save  as  punishment  for  crime.  *  *  *  j  favor  equal 
suffrage,  not  only  as  a  matter  of  justice,  but  as  a  moral 
and  educational  force  in  the  nation. — Willis  S.  Duniway. 

I  congratulate  the  women  of  Oregon,  and  anticipate 
success  for  them  in  the  present  equal  suffrage  campaign. — 
John  Barrett,  President  of  Bureau  of  South  American  Re- 
publics. 

Every  man  ought  to  be  ashamed  to  oppose  equal  rights 
with  himself  for  his  wife  and  mother  at  the  ballot  box  or 
anywhere  else. — Dr.  Henry   Waldo  Coe. 

(Endorsed)  — 

Filed  February  3,  1908. 

F.  W.  Benson,  Secretary  of  State. 


42  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED  BY 

THE  OREGON  STATE  ASSOCIATION  OPPOSED  TO  THE 
EXTENSION    OF    THE    SUFFRAGE    TO    WOMEN, 

opposing  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


For    equal    suffrage    constitutional    amendment,    per- 
mitting women  to  vote  on  equal  terms  with  men.  Vote  YES  or  NO. 


316.  Yes. 


317.  No. 


AN  APPEAL  TO  VOTERS. 

Shall  I  vote  to  give  the  ballot  to  every  woman  in  Oregon? 

Three  times  that  question  has  come  before  you.  Three  times  you 
have  answered  "no."  Only  two  years  ago  you  said  "no"  by  a  majority 
of  10,173  votes,  and  yet  once  again  it  is  forced  upon  you. 

After  so  large  and  decisive  a  vote  against  woman  suffrage,  the  State 
might  be  supposed  to  have  expressed  its  opinion  with  sufficient  force  so 
that  it  might  stand  for  a  few  years  as  the  will  of  the  people,  but  the 
suffragists  are  once  more  active.  Two  years  ago  a  blatant  campaign 
was  waged,  supported  by  thousands  of  dollars  from  the  National  Suffrage 
Association  and  engineered  by  professional  agitators  from  all  over  the 
country.  This  time  the  attack  upon  the  home  women  of  Oregon  is  being 
made  in  a  different  way.  As  the  initiative  and  referendum  requires  only 
a  majority  of  those  voting  upon  a  subject  to  make  it  a  law,  the  suffrag- 
ists are  hoping  to  steal  a  march  upon  their  opponents  and  so  win  by 
stealth  when  noise  did  not  avail.  But  the  clamor  of  two  years  ago,  the 
suffragette  riots  in  England,  and  the  recent  turbulent  performances  in 
New  York  are  too  clear  in  the  minds  of  all  to  make  the  present  tactics 
deceptive,  and  we  who  oppose  the  movement  in  Oregon  beg  you  to  vote 
against  it. 

We  asked  you  before  to  represent  the  opinions  of  the  women  you  know 
and  respect.  Your  action  justified  our  belief  in  the  conservative  thought- 
fulness  of  Oregon  women.  We  are  forced  once  more  to  appeal  to  you  to 
protect  us  from  this  burden  which  we  believe  would  be  not  a  benefit  but 
an  affliction  both  to  woman  and  to  the  State. 
We,  American  women,  citizens  of  the  State  of  Oregon,  protest 


Submitted  to  Voters  of  Oregon  June  1,  1908    43 


against  the  proposal  to  impose  the  obligation  of  suffrage  upon  the  women 
of  this  State,  for  the  following,  among  other,  reasons: 

1.  Because  suffrage  is  to  be  regarded  not  as  a  privilege  to  be  enjoyed, 
but  as  a  duty  to  be  performed. 

2.  Because  hitherto  the  women  of  this  State  have  enjoyed  exemption 
from  this  burdensome  duty,  and  no  adequate  reason  has  been  assigned 
for  depriving  them  of  that  immunity. 

3.  Because  conferring  suffrage  upon  the  women  who  claim  it  would 
impose  suffrage  upon  the  many  women  who  neither  desire  it  as  a  privilege 
nor  regard  it  their  duty  to  seek  it. 

4.  Because  the  need  of  America  is  not  an  increased  quantity,  but  an 
improved  quality  of  the  vote,  and  there  is  no  adequate  reason  to  believe 
that  woman's  suffrage  by  doubling  the  vote  will  improve  its  quality. 

5.  Because  the  household,  not  the  individual,  is  the  unit  of  the  State, 
and  the  vast  majority  of  women  are  represented  by  household  suffrage. 

6.  Because  the  women  not  so  represented  suffer  no  practical  injustice 
which  giving  the  suffrage  will  remedy. 

7.  Because  equality  in  character  does  not  imply  similarity  in  function, 
and  the  duties  and  life  of  men  and  women  are  divinely  ordered  to  be 
different  in  the  State,  as  in  the  home. 

8.  Because  the  energies  of  women  are  engrossed  by  their  present 
duties  and  intei-ests,  from  which  men  cannot  relieve  them,  and  it  is 
better  for  the  community  that  they  devote  their  energies  to  the  more 
efficient  performance  of  their  present  work  than  divert  them  to  new 
fields  of  activity. 

9.  Because  political  equality  will  deprive  woman  of  special  privileges 
hitherto  accorded  her  by  the  law. 

10.  Because  suffrage  logically  involves  the  holding  of  public  office, 
including  jury  duty,  and  office-holding  is  inconsistent  with  the  duties  of 
most  women. 

OREGON  STATE  ASSOCIATION  OPPOSED  TO  THE 
EXTENSION    OF    THE    SUFFRAGE    TO    WOMEN. 

Mrs.  R.  W.  Wilbur,  Portland  Mrs.  F.  M.  Wilkins,  Eugene 

Miss  Eleanor  E.  Gile,  Portland  Mrs.  Thomas  Thompson, 
Mrs.  F.  M.  Warren,  Portland  Pendleton 

Mrs.  A.  E.  Rockey,  Portland  Mrs.  J.  N.  Lane,  Pendleton 

Mrs.  Herbert  Holman,  Portland  Mrs.  E.  L.  Marshall,  Pendleton 

Mrs.  Elizabeth  B.  Hamilton,  Mrs.  R.  E.  Norton,  Pendleton 

Portland  Mrs.  F.  J.  Bailey,  Hillsboro 

Mrs.  Perry  H.  Raymond,  Salem  Mrs.  W.  R.  Yockey,  Ashland 

Mrs.  Thomas  C gates,  Tillamook  Mrs.  George  Flavel,  Astoria 

Mrs.  J.  H.  Templeton,  Prineville  Mrs.  F.  E.  Harlow,  Troutdale 

Mrs.  W.  A.  Howe,  Carlton  Mrs.  L.  Gerlinger,  Dallas. 

(Endorsed)  — 

Filed  February  24,  1908. 

F.  W.  Benson,  Secretary  of  State. 


44  Pamphlet  Containing  Measures  to  be 


A    BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  general  ELECTION 

TO    BE    HELD 

On  the  First  Day  of  June,  1908, 

To  propose  by  initiative  petition  a  law  to  protect  salmon  and  sturgeon  in 
the  waters  of  the  Columbia  River  and  its  tributaries,  and  in  the  Sandy 
River,  within  the  boundaries  of  the  State  of  Oregon,  and  in  all  waters 
over  which  the  State  of  Oregon  has  jurisdiction,  and  prescribing  u 
penalty  for  a  violation  of  the  law. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

27,   1908,  in   accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The   following  is  the  form   and   number  in    which    the   question  will   be 

printed  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


For  an  act  prohibiting  fishing  for  salmon  or  sturgeon 
on  Sunday  from  January  first  to  October  first,  also 
in  the  Columbia  River  only  from  October  first  to 
December  thirty-first,  also  in  the  navigable  chan- 
nels of  Columbia  River  at  night,  also  at  any  time  in 
Sandy  River  and  in  Columbia  River  west  of  west 
line  of  range  nine  west,  near  Astoria,  and  east  of 
west  line  of  range  sixteen  east,  near  Celilo,  and 
limiting  seines  anywhere  in  the  State  to  one  hun- 
dred and  fifty  fathoms  long  and  four  and  one-sixth 
fathoms  deep,  and  providing  penalties.  Vote  YES  or  NO. 

318.  Yes. 

319.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908    45 

[On  Official  Ballot,  Nos.  318  and  319.] 

A  BILL 

To  propose  by  initiative  petition  a  law  to  protect  salmon  and  sturgeon  in 
the  waters  of  the  Columbia  River  and  its  tributaries,  and  in  the  Sandy 
River,  within  the  boundaries  of  the  State  of  Oregon,  and  in  all  waters 
over  which  the  State  of  Oregon  has  jurisdiction,  and  prescribing  a 
penalty  for  a  violation  of  the  law. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  from  and  after  September  10,  1908,  it  shall  be 
unlawful  for  any  person  or  persons  to  cast,  drift  or  haul  any  net,  seine 
or  other  device  to  catch,  fish  for,  or  pursue  salmon  or  sturgeon  in  any  of 
the  channels  used  for  commercial  navigation  by  licensed  vessels  in  the 
Columbia  River,  within  the  boundaries  of  the  State  of  Oregon,  or  in  any 
of  such  waters  over  which  the  State  of  Oregon  has  jurisdiction,  between 
one  hour  after  sunset  of  any  day,  and  one  hour  before  sunrise  of  the 
following  day. 

Section  2.  That  from  and  after  September  10,  1908,  it  shall  be 
unlawful  to  take,  catch,  fish  for,  or  pursue  salmon  or  sturgeon  in  the 
waters  of  the  Columbia  River  within  the  boundaries  of  the  State  of 
Oregon,  or  in  any  of  said  waters  over  which  the  State  of  Oregon  has 
jurisdiction,  between  the  first  day  of  October  and  the  thirty-first  day 
of  December  of  each  year. 

Section  3.  That  from  and  after  September  10,  1908,  it  shall  be 
unlawful  to  take,  catch,  fish  for,  or  pursue  salmon  or  sturgeon  in  any  of 
the  waters  of  the  Sandy  River  above  its  mouth,  or  in  any  portion  of  the 
Columbia  River  within  the  boundaries  of  the  State  of  Oregon,  or  in  any 
portion  of  said  Columbia  River  over  which  the  State  of  Oregon  has  juris- 
diction, except  that  portion  of  such  Columbia  River  lying  between  the 
west  boundary  or  the  northerly  prolongation  thereof  of  Township  eight 
(8)  north.  Range  nine  (9)  west,  of  the  Willamette  Meridian,  and  the 
west  boundary  or  the  northerly  prolongation  thereof  of  Township  two 
(2)  north.  Range  sixteen   (16)  east,  of  the  Willamette  Meridian. 

Section  4.  That  from  and  after  September  10,  1908,  it  shall  be  unlaw- 
ful in  the  waters  of  the  Columbia  River,  within  the  boundaries  of  the 
State  of  Oregon,  or  any  other  waters  of  the  State  of  Oregon,  or  in  any 
other  waters  over  which  the  State  of  Oregon  has  jurisdiction,  to  use  or 
employ,  for  the  purpose  of  taking,  catching  or  pursuing  salmon  or 
sturgeon,  any  seine,  drift  net  or  other  net  or  device  of  greater  length 
than  one  hundred  and  fifty  (150)  fathoms  or  of  greater  depth  than  four 
and  one-sixth  (4  1-6)  fathoms. 

Section  5.  That  from  and  after  September  10,  1908,  it  shall  be  unlaw7 
ful  to  take,  catch,  fish  for,  or  pursue  salmon  or  sturgeon  in  the  Columbia 
River  within  the  boundaries  of  the  State  of  Oregon,  or  in  any  other 
waters  in  the  State  of  Oregon  or  over  which  the  State  of  Oregon  has 


46  Pamphlet  Containing  Measures  to  be 

jurisdiction,  between  the  hours  of  six  o'clock  p.  M.  of  Saturday  and  six 
o'clock  p.  M.  of  Sunday  from  January  1st  to  October  1st  next  following  of 
each  year. 

Section  6.  Wherever  the  word  "salmon"  is  used  in  this  law,  the  same 
shall  be  deemed  and  held  to  include  Chinook,  Steelheads,  Bluebacks,  Sil- 
versides  and  all  other  anadromous  species  of  salmon. 

Section  7.  Wherever  the  words  "person"  or  "persons"  are  used  in 
this  act,  they  shall  be  deemed  to  include  not  only  individuals,  but  firms, 
companies  and  corporations  of  every  kind,  character  and  description. 

Section  8.  That  every  person,  firm,  company  or  corporation  violating 
any  provision  of  this  law  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  punished  by  a  fine  of  not  less  than  Fifty 
Dollars  nor  more  than  Five  Hundred  Dollars,  or  by  imprisonment  in  the 
county  jail  for  not  less  than  twenty  days,  nor  more  than  two  hundred 
days,  or  by  both  such  fine  and  imprisonment. 

Section  9.  All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 


Submitted  to  Voters  of  Oregon  June  1,  1908         47 

ARGUMENT 

(affirmative) 

SUBMITTED   BY 

H.  A.  WEBSTER,  formerly  Deputy  Fish  Warden,  State  of  Oregon, 
in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 


For  an  act  prohibiting  fishing  for  salmon  or  sturgeon 
on  Sunday  from  January  first  to  October  first,  also 
in  the  Columbia  River  only  from  October  first  to 
December  thirty-first,  also  in  the  navigable  chan- 
nels of  Columbia  River  at  night,  also  at  any  time  in 
Sandy  River  and  in  Columbia  River  west  of  west 
line  of  range  nine  west,  near  Astoria,  and  east  of 
west  line  of  range  sixteen  east,  near  Celilo,  and 
limiting  seines  anywhere  in  the  State  to  one  hun- 
dred and  fifty  fathoms  long  and  four  and  one-sixth 
fathoms  deep,  and  providing  penalties.  Vote  YES  or  NO. 


318.  Yes. 


319.  No. 


A  BILL 

To  propose  by  initiative  petition  a  law  to  protect  salmon  and  sturgeon  in 
the  waters  of  the  Columbia  River  and  its  tributaries,  and  in  the  Sandy 
River,  within  the  boundaries  of  the  State  of  Oregon,  and  in  all  waters 
over  which  the  State  of  Oregon  has  jurisdiction,  and  prescribing  a 
penalty  for  a  violation  of  the  law.  Filed  January  27th,  1908,  by  Mr. 
H.  A.  Webster. 

"CANNED    FISH    WON'T    SPAWN. 

"Every  salmon  would  not  satisfy  the  greed  that  pursues  them.     Some 
fish  must  escape  if  any  new  ones  are  to  take  the  place  of  those  in  cans. 

"THE   GRAB    MUST    CEASE, 

else  by  and  by  it  will  destroy  the  salmon.     The  tale  of  the  goose  and 
the  golden  egg  is  the  point." — Oregonian. 

In  offering  this  bill  to  the  people  of  the  State  of  Oregon  the  author 
(for  many  years  officially  connected  with  the  fisheries  department  of  this 


48  Pamphlet  Containing  Measures  to  be 

State)    has  striven  to  embody  the  results  of  his  investigations  and  the 
recommendations  of  the  most  eminent  authorities  in  the  country. 

The  object  of  the  proposed  law  is  to  replete  a  dwindling  industry  by 
checking  the  destruction  of  salmon,  wrought  by  the  various  appliances. 
This  bill  will  place  limits  on  all  classes  of  fishing  gear  without  discrimi- 
nating for  or  against  any.  Commercial  greed  has  brought  the  noble 
Chinook,  worth  millions  to  our  State,  to  deplorable  plight.  So  many  fish 
are  caught  that  not  enough  now  escape  for  purpose  of  propagation;  the 
hatcheries,  paid  for  at  big  expense  by  taxpayers,  are  in  some  places 
closed  and  in  others  almost  idle.  Meanwhile  the  industry  wanes.  At 
present,  there  is  practically  no  protection  under  the  law;  the  closed 
Sunday  has  been  abolished  and  the  open  season  lengthened  again  and 
again,  until  now  salmon  are  caught  just  as  long  as  the  fishermen  desire 
to  take  them.  These  conditions  are  self-evident;  authorities  are  agreed; 
the  decline  would  prove  it  were  there  any  dispute.  The  situation  is  best 
expressed  by  that  great  authority,  Dr.  Livingston  Stone,  U.  S.  Depart- 
ment of  Fisheries,  who  says: 

"Consider  for  a  moment  what  the  salmon  has  done  for  us,  and  then 
think  how  mercilessly  we  have  treated  him.  Our  salmon  has  been  to  us 
a  source  of  national  revenue,  enjoyment,  and  pride,  and  what  return 
have  we  meted  out  to  him?  He  has  been  hunted  pitilessly  with  hooks 
and  spears,  with  all  kinds  of  nets  and  pounds,  with  wheels  and  guns  and 
dynamite,  and  there  is  not  a  cubic  foot  of  water  in  the  whole  country 
where  he  can  rest  in  safety.  The  moment  he  comes  in  from  the  ocean 
he  meets  the  gill  nets  and  the  pounds  at  the  mouth  of  the  river,  the 
sweep  seines  further  up,  the  hook  everywhere,  and  at  last  on  his  breeding- 
grounds,  which  at  least  ought  to  be  sacred  to  him,  he  encounters  the 
pitchforks  of  the  white  man  and  the  spears  of  the  Indian." 

Relief  must  now  be  prompt  if  we  would  have  a  worthy  inheritance  to 
bequeath  lo  our  children.  ^ 

The  purposes  of  the  bill  are  five  in  number  and  five  only. 

First:  Prohibit  fishing  on  the  Columbia  River  bar  in  order  to  allow 
unobstructed  entrance  of  salmon  to  the  river.     (Section  3.) 

Second:  Restrict  size  of  all  kinds  of  gear  so  as  to  diminish  their 
destructiveness.     (Section  4.) 

Third:  Keep  navigation  channels  in  the  Columbia  River  open  at 
night,  so  as  to  afford  fish  a  four  to  six-hour  respite,  every  twenty-four 
hours,  in  this  immediate  narrow  strip  of  a  wide  river.     (Section  1.) 

Fourth:  Lengthen  closed  seasons  on  the  Columbia  River  so  as  to 
allow  more  fish  to  reach  hatcheries.     (Section  2.) 

Fifth:  Establish  closed  Sundays  so  as  to  save  one-seventh  of  the 
salmon  supply  for  propagation.     (Section  5.) 

BAR  FISHING  ON  THE  COLUMBIA  RIVER. 

Common  sense  would  not  prompt  you  to  drive  cattle  through  a  closed 
gate.  Section  3  of  this  bill  aims  to  open  the  gate  or  at  least  to  leave  it 
somewhat  ajar.  Bar  fishing  at  the  mouth  of  the  Columbia  is  one  of  the 
greatest  menaces  imaginable  to  the  perpetuity  of  the  fishing  industry. 


Submitted  to  Voters  of  Oregon  June  1,  1908         49 

to  say  nothing  of  involving  a  needless  loss  of  life.  By  it  fish  are  kept 
in  the  open  sea  long  after  the  time  appointed  by  nature  for  their  entrance 
to  fresh  v^ater.     A  few  quotations  should  convince: 

"Bar  net  fishing  should  be  prohibited  below  a  line  inside  and  near  the 
mouth  of  the  river.  The  prevention  of  gill-net  fishing  near  and  on  the 
bar  would  result  in  a  saving  of  life.  Some  twenty  to  sixty  fishermen  are 
drowned  there  each  year." — Chas.  F.  Powell,  Captain  of  Engineers,  1887. 

"A  restriction  should  be  placed  upon  fishing  too  close  to  the  entrance 
from  the  sea.  The  fish  should  be  allowed  to  get  well  inside  before  attack- 
ing them." — Major  Jones'  Report  to  War  Department,  1887. 

"I  think  it  is  essential  for  the  welfare  of  this  industry,  that  no  fishing 
be  allowed  at  or  near  the  mouth  of  the  river,  and  the  salmon  be  given  all 
the  opportunity  possible  of  getting  into  the  river  before  it  is  lawful  to 
take  them." — Oregon  Fish  Commissioner,  1905. 

"I  am  also  of  the  opinion  that  fishing  should  be  prohibited  below  Sand 
Island  at  all  times." — Senator  Chas.  W.  Fulton,  January,  1907. 

RESTRICT    GEAR. 

Shorten  the  lengths  of  all  fishing  gear.  Marshall  McDonald,  U.  S. 
Fish  Commissioner,  1894,  says:  "It  is  indeed  a  matter  of  surprise  that 
any  salmon  have  been  able  to  elude  the  labyrinth  of  nets  which  bar  their 
course  to  the  upper  Columbia.  It  is  hardly  an  exaggeration  to  state  that 
the  entire  volume  of  this  great  river  is  strained  through  the  meshes  of 
the  innumerable  nets  which  occupy  and  obstruct  every  passageway  to  the 
spawning-grounds." 

The  Washington  Special  Committee,  1899,  says:  "Nets  must  be  reg- 
ulated." 

The  Joint  International  Committee,  Washington  and  British  Columbia, 
agree  that  150  fathoms  should  be  the  extreme  length. 

The  U.  S.  Fish  Commissioner,  in  a  letter  to  Secretary  Strauss,  written 
January  10th,  1907,  says:  "No  one  familiar  with  the  situation  can  fail 
to  appreciate  the  menace  to  the  perpetuity  of  the  industry  that  is  furn- 
ished by  the  concentration  of  a  tremendous  amount  of  fixed  and  floating 
apparatus  of  capture  in  and  near  the  mouth  of  the  river.  This  apparatus 
comprises  about  400  pound  nets  or  traps,  over  eighty  long  sweep  seines, 
and  more  than  2,200  gill  nets,  the  last  having  an  aggregate  approximate 
length  of  over  570  miles." 

Digest  these  recommendations  and  then  go  measure  off  150  fathoms, 
900  feet,  four  and  one-half  city  blocks,  and  twenty-five  feet  deep.  Does 
that  seem  long  enough  to  allow?  Perhaps  when  you  figure  that  after  all 
gear  is  limited  as  proposed  and  you  realize  that  over  470  miles  of  it  is 
still  left,  you  will  agree  that  the  request  is  not  unreasonable. 

CHANNEL  FISHING  ON  THE  COLUMBIA  RIVER. 

In  a  river  varying  in  width  from  one  to  eleven  miles,  the  reservation 
of  a  channel  from  one  hundred  to  four  hundred  feet  wide,  from  one  hour 
after  sunset  to  one  hour  before  sunrise,  is  asked.  When  there  is  such  a 
wide  expanse  of  river  remaining,  is  this  narrow  strip  too  much  to  ask 
either  for  the  preservation  of  the  fish  or  for  the  still  more  paramount 


50  Pamphlet  Containing  Measures  to  be 

safety  to  navigation?  If  you  don't  care  a  rap  for  the  fish,  would  it  not 
be  well  to  relieve  the  lives  and  property,  constantly  afloat,  from  the 
chances  of  delay  and  destruction  offered  by  the  nightly  invasion  of 
navigation  courses  by  miles  of  fishing  gear?  Refer  to  the  Report  of 
Capt.  Chas.  Powell,  U.  S.  Engineers;  read  what  the  Special  Senate 
Committee,  State  of  Washington,  1899,  says,  or  look  over  the  complaints 
of  ship-masters  whose  pilot-houses  bear  the  marks  of  intimidating  bullets 
fired  by  fishermen  occupying  the  channels,  or  ask  the  captains  whose 
vessels  have  drifted  helpless  for  hours  with  nets  in  their  wheels.  Bear 
in  mind,  however,  that  the  purpose  of  this  bill  is  the  protection  of  salmon 
by  keeping  this  very  narrow  channel  open  for  free  passage  of  salmon 
between  four  and  six  hours  in  every  twenty-four.  Many  salmon  will  then 
escape  appliances,  which  if  operating  without  cessation,  would  catch 
them.  This  will  increase  the  number  of  salmon  reaching  the  hatcheries 
and  enable  the  plants  now  idle  to  resume  propagation.  The  proposed 
law  will  not  restrict  channel  fishing  in  daylight;  the  restriction  applies 
to  the  night  period  because  navigation  interests  will  be  conserved  at  the 
same  time.  The  War  Department  now  has  the  matter  under  investiga- 
tion. Reasonable  action  must  be  taken  by  the  State  or  extreme  action 
will  likely  be  taken  by  the  National  Government. 

CLOSE   SEASONS   ON   THE  COLUMBIA  RIVER, 

A  close  season  from  October  1st  to  December  31st  of  each  year  is 
desired.  This  is  the  main  breeding  season  of  our  salmon.  Our  State 
allows  game  a  respite  from  pursuit  in  which  they  can  rear  their  young; 
should  not  our  salmon  have  an  equal  chance?  If  you  have  doubts  refer 
to  the  recommendations  of  any  of  the  following  authorities: 

"Close  seasons  should  be  extended." — Oregon  Special  Legislative  Com* 
mittee,  1889. 

"Contraction  of  open  season  for  salmon  and  enforcement  of  Sunday 
Law." — Report  Commissioner  McGwire,  1897-8. 

"Open  seasons  should  be  contracted."- — Report  Oregon  Commissioner, 
1901. 

"Shorten  open  season." — Fish  Commissioner,  Washington,  1906. 

"Failure  of  salmon  to  appear  on  spawning  beds  due  to  lack  close  sea- 
son."— C.  Wallich,  U.  S.  Fish  Commissioner,  1905. 

"Shortening  open  season." — Joint  Committee,  Oregon  and  Washing- 
ton, 1907. 

"Provide  adequate  close  seasons." — U.  S.  Bureau  Fisheries,  1907. 

And  after  reading  decide.  You  accord  all  other  animals  relief  at 
this  most  important  time  of  life,  why  then  not  the  salmon? 

SUNDAY  CLOSE   SEASON. 

This  section  hardly  needs  argument.  After  relentless  pursuit  for  six 
days,  surely  salmon  should  be  allowed  one  day  of  free  passage  to  the 
spawning  grounds.  Saturday  6  p.  M.  to  Sunday  6  p.  M.  This  means  that 
for  twenty-four  hours  each  week,  one-seventh  of  all  the  time,  all  gear  at 


Submitted  to  Voters  of  Oregon  June  1,  1908         51 


every  point  is  absolutely  out  of  the  way  and  free  and  unrestricted  passage 
allowed.  Authorities  are  so  unanimous  on  this  subject  that  reference 
only  need  be  given  to — 

Major  Jones'  Report  to  Secretary  of  War,  1887. 

Report  Oregon  Special  Committee,  1889. 

Report  U.  S.  Commissioner  McDonald,  1894. 

Report  Oregon  Fish  Commissioner,  1901. 

International  Commission,  Washington  and  British  Columbia,  1905. 

J.  L.  Riseland,  Fish  Commissioner,  Washington,  1906. 

Report  Joint  Committee,  Oregon  and  Washington,  1907. 

Opinion  Superintendent  Crawford,  Washington,  1907. 

Secretary  Strauss,  U.  S.  Department  Commerce  and  Labor,  1907. 

The  author  feels  that  this  bill  carries  nothing  unreasonable;  it  seeks 
to  regulate,  not  destroy,  either  industry  or  property.  It  places  the 
burdens  equally  on  all  classes  of  gear  and  all  people  from  one  end  of  the 
river  to  the  other.  When  authorities  are  so  unanimous  and  some  even 
go  so  far  as  to  advocate  an  entire  cessation  of  operations  for  a  year  or 
more,  the  recommendations  of  this  bill  will  be  conceded  to  be  moderate, 
and  I  feel  that  a  consideration  of  its  merits  will  surely  win  your  earnest 
and  hearty  approval  and  support. 

Respectfully  submitted, 

H.  A.  WEBSTER, 
Formerly  Deputy  Fish  Warden,  State  of  Oregon. 
(Endorsed)  — 

Filed  February  1,  1908. 

F.  W.  Benson,  Secretary  of  State. 


52  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(negative) 
SUBMITTED  BY 

H.  M.  LORNTSEN, 

Secretary  Columbia  River  Salmon  Protective  Association, 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 

For  an  act  prohibiting  fishing  for  salmon  or  sturgeon 
on  Sunday  from  January  first  to  October  first,  also 
in  the  Columbia  River  only  from  October  first  to  De- 
cember thirty-first,  also  in  the  navigable  channels 
of  Columbia  River  at  night,  also  at  any  time  in 
Sandy  River  and  in  Columbia  River  west  of  west  line 
of  range  nine  west,  near  Astoria,  and  east  of  west 
line  of  range  sixteen  east,  near  Celilo,  and  limiting 
seines  anywhere  in  the  State  to  one  hundred  and 
fifty  fathoms  long  and  four  and  one-sixth  fathoms 


deep. 

and  providing  penalties. 

Vote  YES  or  NO. 

318. 

Yes. 

V 

319. 

No. 

ARGUMENT  AGAINST  INITIATIVE  BILL  NO.  318. 

This  bill,  while  pretending  to  be  for  the  protection  of  the  salmon  of 
the  Columbia,  is  a  bill  which  the  few  wealthy  fishwheel  owners  of  the 
upper  Columbia  are  presenting  to  the  voters  in  an  endeavor  to  retain  the 
unfair  and  destructive  monopoly  of  catching  salmon  with  fishwheels  in 
the  narrows  and  at  the  falls  of  the  upper  Columbia. 

The  initiative  petitions  for  this  bill  were  started  after  the  Columbia 
River  Salmon  Protective  Association  was  organized  for  the  purpose  of 
stopping  fishing  for  salmon  in  the  Columbia  at  head  of  tide;  that  is, 
where  the  river  becomes  so  narrow  that  the  fishwheels  catch  nearly 
every  salmon  that  reaches  these  narrows  and  falls. 

The  fishwheel  owners,  realizing  that  throughout  the  State  the  senti- 
ment for  bona  fide  salmon  protective  legislation  was  growing,  got  up  this 
trick  bill  for  the  simple  purpose  of  confusing  the  voters. 

None  of  the  fishwheel  owners  cared  to  openly  associate  their  names 
with  this  intended  imposition  upon  the  people.     They  evidently  could  not 


Submitted  to  Voters  of  Oregon  June  1,  1908    53 

get  one  man  of  note  to  father  it.  So  they  got  as  sponsor  H.  A.  Webster, 
an  ex-deputy  fish  warden  who  was  recently  discharged  because  Governor 
Chamberlain,  Secretary  of  State  Benson  and  State  Treasurer  Steel  no 
doubt  considered  that  the  fisheries  of  our  State  could  be  better  served  by 
•a  better  man. 

We  deem  it  necessary  for  a  thorough  understanding  of  this  matter  to 
plainly  state  who  and  what  is  behind  this  trick  bill. 

It  is  not  diflficult  for  a  clever  advocate  of  greed  and  wrong  to  so  ab- 
oreviate  quotations  from  the  writings  and  sayings  of  authorities  on  any 
given  subject  that  the  exact  opposite  apparently  stands  proven  from  what 
the  quoted  authorities  desired  to  prove.  There  are  unfoi'tunately  men 
who  for  consideration  are  as  versatile  as  the  fallen  angel  of  whom  Milton 
says,  "He  could  make  the  worse  appear  the  better  reason." 

On  the  other  hand,  who  are  the  men  behind  the  bill  which  the  fishwheel 
owner's  bill  is  intended  to  kill?  (According  to  our  law,  if  there  are  con- 
flicting bills  on  any  subject,  and  if  such  conflicting  bills  receive  the 
majority  vote  necessary  to  carry  them,  then  the  bill  receiving  the  highest 
majority  vote  becomes  law.) 

The  men  who  stand  for  abolition  of  salmon  fishing  at  head  of  tide  in 
the  Columbia  as  officers  and  executive  committee  of  the  Columbia  River 
Salmon  Protective  Association,  are  as  follows :  George  M.  Orton,  of  Port- 
land, president.  He  is  an  ex-member  of  the  Oregon  Legislature  and  mana- 
ger of  the  Multnomah  Printing  Company  The  vice-president  is  Jay  Tut- 
tle,  M.  D.,  Astoria.  He  is  an  ex-State  Senator.  The  treasurer  is  F.  E. 
Beach,  of  Portland,  wholesale  and  retail  merchant.  The  secretary  is  H. 
M.  Lorntsen,  Astoria,  secretary  of  the  Columbia  River  Fishermen's  Union 
and  second  vice-president  of  the  Oregon  State  Federation  of  Labor.  On 
the  board  of  directors  are:  Thomas  A.  McBride,  Oregon  City,  Circuit 
Judge;  Wm.  I.  Vawter,  member  of  the  Legislature;  G.  S.  Wright,  Mc- 
Minnville,  State  Senator;  Chas.  G.  Roberts,  Tanglewood,  Hood  River;  D. 
H.  Miller,  Medford;  T.  B.  Kay,  Salem,  State  Senator;  James  Withycombe, 
Corvallis,  director  of  the  Oregon  Experiment  Station  and  candidate  for 
Governor  on  the  Republican  ticket  at  the  last  election;  James  A.  Lackey, 
mayor  of  Ontario;  C.  G.  Huntley,  Oregon  City,  druggist,  member  of 
Oregon  Legislature;  Wm.  Miller,  of  Burns,  attorney  at  law;  John  H. 
Smith,  Astoria,  attorney  at  law  and  ex-State  Senator;  Frank  Kankkonen, 
Astoria,  manager  Union  Fishermen's  Co-operative  Packing  Company. 

James  Withycombe,  in  accepting  the  position  on  the  board  of  directors, 
wrote:  "I  shall  be  pleased  to  accept  a  place  on  the  board  of  directors 
for  the  movement  mentioned,  namely,  for  the  protection  of  the  Columbia 
River  salmon.  I  believe  that  every  honorable  means  should  be  employed 
to  protect  this  great  natural  source  of  wealth,  not  only  for  the  present 
but  for  future  generations." 

Senator  G.  S.  Wright  wrote:  "Will  be  glad  to  do  anything  for  the 
fishing  industry,  by  serving  on  the  board  or  otherwise." 

William   I.  Vawter,  in   accepting,   wrote:      "It  seems  to  me   in   every 


54  Pamphlet  Containing  Measures  to  be 

way  commendable  and  that  legislation  that  is  protection  along  the  lines 
indicated  should  have  the  support  of  every  patriotic  citizen." 

Judge  McBride,  when  asked  to  serve  as  president  of  the  association, 
declined  on  account  of  press  of  business,  but  readily  agreed  to  sei"ve  as 
a  director,  adding:  "The  only  way  to  save  our  salmon  is  to  stop  fishing 
at  head  of  tide,  so  as  to  give  the  fish  a  chance  to  reach  our  hatcheries 
and  natural  spawning  grounds.  For  many  years  I  have  fought  for  the 
protection  of  our  salmon  and  am  pleased  to  see  this  concerted  action.  My 
voice  and  pen  will  ever  be  ready  to  save  one  of  Oregon's  greatest  in- 
dustries. I  am  a  poor  man,  but  if  necessary  I  shall  contribute  my  mite 
towards  defraying  the  expenses  to  fully  present  this  question  to  the 
voters  of  the  State." 

Many,  many  other  words  of  advice  and  cheer  have  been  given  the 
officers  of  the  association  in  this  task  to  save  our  salmon.  Necessary 
limit  of  space  forbids  here  to  quote  any  more. 

Judges,  legislators,  professional  men,  scientists,  business  men  and 
fishermen  are  represented  in  this  association.  Leading  citizens  of  the 
State,  seeing  that  one  of  the  leading  industries  of  the  State  is  threatened 
with  extinction,  have  come  forward  to  rescue  it. 

And  opposed  to  the  bill  to  stop  fishing  at  head  of  tide,  at  the  conflu- 
ence of  the  Columbia  River  with  the  Sandy — a  bill  fathered  by  these 
public-spirited  citizens — is  opposed  this  sham  bill  of  the  fishwheel  owners. 
The  fishwheel  owners  were  too  cautious — though  it  is  alleged  the  proper 
term  is  "too  cowardly" — to  father  their  bill,  so  they  hired  a  discarded 
deputy  of  the  State  Fishery  Bureau  to  champion  a  bill  which  is  a  trick 
bill  from  top  to  bottom. 

Now  as  to  the  tricks  in  that  bill.  ^ 

In  the  argument  supporting  the  wheel-owners'  bill  a  desire  is  ex- 
pressed to  save  our  salmon. 

But  true  to  the  methods  of  trickery,  section  1 — the  main  section — is  not 
taken  up  first.  Instead,  sections  3  and  4  are  defended,  and  section  1 — 
the  biggest  nigger  in  this  legislative  woodpile — is  sandwiched  in  between 
sections  2  and  5. 

That  trick,  however,  is  very  clumsy  and  can  be  easily  exposed. 

Section  1  of  the  fishwheel  owners'  bill  provides  that  no  fishing  at 
nights  can  be  carried  on  in  the  channels  used  for  commercial  navigation. 

That  means  that  the  four  thousand  gill-net  fishermen  of  the  Columbia, 
with  an  investment  of  about  one  and  half  million  dollars  in  boats  and 
nets,  must  quit  the  Columbia  if  the  law  passes.  The  fishwheel  owners 
and  Webster  know  this  full  well,  hence  they  tried  to  hide  this  section  in 
their  argument,  hoping  to  thus  fool  the  voters  of  the  State. 

To  explain.  Fishwheels  or  fish  traps  are  located  on  the  banks  of  the 
river,  or  in  narrows  or  at  falls,  where  they  presumably  do  not  interfere 
with  navigation.  Wheels  and  traps  are  stationary  appliances  and  before 
they  can  be  erected  must  secure  a  permit  from  the  War  Department,  in 
charge  of  navigation  of  our  rivers.  Thus  under  this  section  traps  and 
wheels  could  fish  the  entire  twenty-four  hours.     Traps  and  wheels  are 


Submitted  to  Voters  of  Oregon  June  1,  1908         55 

built  more  or  less  upon  the  principle  of  a  cattle  corral,  the  fish  striking 
fences  or  leads  projecting  into  the  river,  follow  them  and  are  led  into 
the  tunnel  of  the  trap  and  then  into  the  pot,  from  which  they  cannot 
escape.  The  fence  or  lead  of  the  fishwheel  leads  the  fish  into  the  mouth 
of  the  wheel,  when  the  wheel,  ceaselessly  turning  with  the  aid  of  the 
flowing  stream,  pumps  the  salmon  into  a  box,  for  the  owner  to  take  away 
once  in  every  twenty-four  hours. 

The  gill-nets,  however,  against  which  this  section  is  directed,  are 
drifting  nets,  on  a  submerged  sandbar  one  moment,  in  the  channel  the 
next.  They  catch  fish  by  gilling  them;  that  is,  the  salmon  strike  the  net 
and  put  their  heads  into  a  mesh,  when  they  cannot  retreat,  their  gills 
preventing  retreat  and  their  bodies  being  too  large  to  allow  them  to  get 
through  the  mesh.  Salmon  only  gill  when  the  water  is  muddy  in  freshet 
time  or  at  nights.  When  the  salmon  can  see  the  gill-net  they  swim  around 
it.  A  gill-net  is  only  fished  at  slack  tides,  on  an  average  six  hours  out 
of  every  twenty-four.  A  gill-net,  further,  to  be  worked  properly,  must  be 
tanned  once  a  week  and  dried,  which  takes  from  one  to  two  days.  Thus  a 
gill-net  fishes  only  from  30  to  36  hours  out  of  the  168  hours  of  every 
week,  while  the  traps  and  wheels,  stationary  appliances,  fish  day  and 
night,  the  entire  168  hours  in  every  week,  as  long  as  the  fishing  season 
lasts. 

Thus  this  section  would  drive  4,000  of  our  gill-net  fishermen  from  their 
calling,  destroy  their  property,  and  make  in  a  few  years  a  dozen  or  so 
already  very  rich  fishwheel  owners  manifold  millionaires,  without  pro- 
tecting our  salmon,  because  the  fishwheels  in  the  narrows  and  at  the 
falls  do  not  permit  fish  to  pass  by. 

Year  by  year  these  wheels  have  been  so  located  and  improved  that 
where  only  four  years  ago  the  Washington  and  Oregon  up-river  hatcheries 
secured  some  twenty  thousand  salmon  for  hatchery  purposes,  this  year  but 
a  few  hundred  were  caught.  Washington  has  closed  its  four  up-river 
hatcheries  and  Oregon  is  doing  likewise. 

The  hatcheries  below  The  Dalles,  according  to  official  data,  are  doing 
fairly  well,  considering  that  this  was  a  poor  salmon  year. 

Section  2,  prohibiting  fishing  for  salmon  between  the  first  day  of 
October  and  the  thirty-first  day  of  December  of  each  year,  is  absolutely 
valueless  as  far  as  our  Royal  Chinook  salmon  are  concerned,  as  this 
variety  almost  entirely  ceases  entering  the  Columbia  the  latter  part  of 
September,  or  the  middle  of  October  during  a  late  Chinook  season.  The 
Blueback  salmon,  almost  absolutely  destroyed  by  the  fishwheels,  run  in 
June  and  July.  Our  Silver  salmon  enter  the  river  in  October,  November 
and  December,  and  if  the  fishwheels  were  allowed  on  the  Oregon  side, 
they  with  their  leads  would  drive  in  the  narrows  on  the  upper  Columbia 
the  fish  from  the  Oregon  shore  to  try  to  find  easy  ascent  close  to  the 
Washington  shore,  where  the  wheels  and  seines,  owned  by  the  same  men 
who  own  wheels  and  seines  on  the  Oregon  shore,  would  catch  the  fish. 
This  section  is  rather  a  clever  trick  on  the  part  of  the  fishwheel  owners. 
Fishing  for  Silver  salmon  on  the  Oregon  side  would  be  stopped,  where  the 


56  Pamphlet  Containing  Measures  to  be 

river  is  from  four  to  six  miles  wide  and  where  the  fish  have  a  fair  show 
to  get  by  fishing  appliances.  Then,  where  they  get  to  the  narrows  and 
falls,  the  places  of  ascent  on  the  Oregon  side  would  be  barred  by  the 
leads  of  the  wheels  and  a  rich  harvest  reaped  on  the  Washington  side  by 
the  wheel-owners. 

The  most  destructive  fishwheels  ai'e  on  the  Oregon  side  of  the  upper 
Columbia.  Stoppage  of  fishing  from  the  mouth  of  the  Sandy  and  up 
would  abolish  these  wheels.  Then  Washington  would  follow  with  like 
legislation. 

Section  3  provides  that  all  fishing  for  salmon  shall  absolutely  stop 
below  a  line  drawn  from  Smith's  Point  across  the  Columbia.  That  is, 
fishing  with  gill-nets  must  stop  from  Astoria  to  the  sea,  about  twelve 
miles  from  the  bar,  where  the  river  is  from  four  to  six  miles  wide;  where 
fishing  with  these  nets  only  averages  from  30  to  36  hours  out  of  the  168 
hours  in  each  week;  where  about  75  per  cent  of  the  gill-net  fishermen 
drift  with  their  nets,  because  in  the  Columbia  from  Astoria  and  up  the 
fishtraps  have  driven  the  gill-netters  from  their  old-time  drifting  grounds. 
Another  trick  to  give  the  salmon  to  the  rich  trapmen  and  wheelmen. 

Some  men,  noting  that  yearly  some  fishermen  were  drowned  at  and 
outside  the  mouth  of  the  Columbia,  have  declared  out  of  misplaced  sym- 
pathy with  the  fishermen  that  gill-net  fishing  should  stop  at  a  line  cross- 
ing the  river  at  Cape  Disappointment.  The  fishwheel  men  have  in 
section  3  advanced  this  line  nine  miles  up  the  river  to  Smith  Point.  The 
almost  absurd  trickery  here  again  is  plain. 

Section  4,  by  limiting  length  of  nets,  is  another  intended  humbug  on 
the  voters.  The  fishwheels  could  continue  serenely  as  they  now  are  to 
catch  every  salmon  getting  to  the  upper  Columbia  and  the  gill-netters, 
the  poor  men,  would  be  so  regulated  that  they  would  have  to  quit  the 
Columbia. 

Section  5,  providing  for  a  weekly  24-hour  closed  season,  would  be  of 
value  if  the  fishwheels  were  abolished.  It  is  the  nature  of  the  salmon  to 
travel,  once  they  enter  the  Columbia,  about  eight  miles  in  24  hours,  in 
their  effort  to  reach  the  spawning  grounds,  until  they  reach  the  narrows 
and  falls.  There  they  rest  for  several  days  in  pools  below  the  narrows 
and  falls,  and  after  having  overcome  one  set  of  obstructions,  again  rest 
for  several  days.  With  the  fishwheels  stretched  out  as  they  are,  not  one 
salmon  in  a  thousand  reaching  the  upper  river  would  escape  the  upper- 
most wheels.  A  24-hour  weekly  closing  law  would  simply  give  more 
fish  to  the  rich  fishwheel  owners. 

It  is  absolutely  necessary  for  the  preservation  of  our  salmon  that 
fishing  must  stop  where  the  river  becomes  narrow.  Every  Nation  and 
State  owning  salmon  streams  had  to  adopt  this  policy,  or  see  its  salmon 
destroyed.  Canada  does  not  permit  any  stationary  fishing  appliances  in 
its  rivers  and  draws  dead-lines  against  all  fishing  away  below  head  of 
tide.  California,  Oregon  and  Washington  forbid  stationary  appliances 
in  their  rivers  and  draw  dead-lines  against  fishing  where  the  rivers  be- 
come narrow.     The   Federal    Government,  through   a   decision    rendered 


Submitted  to  Voters  of  Oregon  June  1,  1908         57 

December  last  by  Secretary  of  Commerce  and  Labor  Straus,  and  con- 
firmed by  President  Roosevelt,  has  adopted  this  principle  for  Alaska. 

The  only  exception  to  this  beneficial  legislation  is  the  Columbia  River, 
where  the  fishwheel  owners  so  far  have  succeeded  in  retaining  their 
unfair  monopoly. 

But  these  men  know  this  monopoly  is  doomed;  they  know  that  the  vote 
of  the  people  will  tell  them  next  June,  "Stop  destroying  our  Columbia 
River  salmon  industry,"  and  so  they  got  up  this  so  apparent  sham  bill. 
Verily,  "Whom  the  gods  wish  to  destroy  they  first  make  mad." 

Let  the  fishwheels  be  abolished  by  the  passage  of  the  bill  presented  by 
the  Columbia  River  Salmon  Protective  Association,  and  the  fishermen 
will  be  the  first  to  urge  our  Legislature  to  enact  a  Sunday-closing  law, 
fairer  regulation  of  open  and  closed  seasons,  and  other  laws  really  pro- 
tective of  the  salmon  fisheries  of  the  Columbia. 

The  fishermen  possess  only  their  skill  as  fishermen  and  their  boats 
and  nets.  With  the  destruction  of  our  salmon,  their  means  of  earning  a 
living  for  themselves  and  their  families  is  destroyed.  On  the  other  hand, 
the  dozen  rich  fishwheel  owners  own  splendid  farms  and  real  estate  in 
our  cities.  They  and  their  children  do  not  depend  on  the  salmon  for  a 
living.  All  these  men  now  care  for  is  to  have  a  few  more  years  of  ab- 
solute monopoly  on  that  portion  of  our  salmon  crop  which  composes  our 
seed  fish. 

We  therefore  ask  the  voters  to  vote  "No"  on  the  fishwheel  owners' 
bill  and  to  vote  "Yes"  on  the  bill  which  stops  fishing  at  head  of  tide,  at 
the  confluence  of  the  Columbia  with  the  Sandy. 

H.  M.  LORNTSEN, 
Secretary  Columbia  River  Salmon  Protective  Association. 
(Endorsed)  — 

Filed  Febru^iry  24,  1908. 

F.  W.  Benson,  Secretary  of  State. 


58  Pamphlet  Containing  Measures  to  be 

AN  AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  general  ELECTION 

TO   BE    HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND 

Section  2  of  Article  XI 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

27,  1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form   and  number  in   which   the  question  will   be 

printed  on  the  official  ballot: 

PROPOSED  BY  initiative  PETITION 


For  constitutional  amendment,  giving  additional  and 
exclusive  power  to  cities  and  towns,  within  their 
corporate  limits,  to  license,  regulate,  control,  and 
tax,  or  to  suppress  or  prohibit  theaters,  race-tracks, 
pool-rooms,  bowling  alleys,  billiard  halls,  and  the 
sale  of  liquors,  subject  to  the  provisions  of  the  local 
option  law  of  the  State  of  Oregon.  Vote  YES  or  NO. 

320.  Yes. 

321.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         59 


[On  Official  Ballot,  Nos.  320  and  321.] 

CONSTITUTIONAL  AMENDMENT. 

Section  2  of  Article  XI  of  the  Constitution  of  the  State  of  Oregon  shall 
be,  and  the  same  is,  hereby  amended  to  read  as  follows: 

Section  2.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  the  Legislative  Assembly  by  special  laws.  The  Legisla- 
tive Assembly  shall  not  enact,  amend  or  repeal  any  charter  or  act  of 
incorporation  for  any  municipality,  city  or  town.  The  legal  voters  of 
every  city  and  town  are  hereby  granted  power  to  enact  and  amend  their 
municipal  charter,  and  the  exclusive  power  to  license,  regulate,  control 
and  tax,  or  to  suppress  or  prohibit  theaters,  race  tracks,  pool-rooms, 
bowling  alleys,  billiard  halls,  and  the  sale  of  liquors,  subject  to  the  pro- 
visions of  the  local  option  law  of  the  State  of  Oregon  within  the  corporate 
limits  of  any  municipality,  is  vested  in  such  municipality. 


60  Pamphlet  Containing  Measures  to  be 

ARGUMENT 
(affirmative) 

SUBMITTED   BY 

DR.  J.  F.  REDDY,  of  Medford, 
in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

For  constitutional  amendment,  giving  additional  and 
exclusive  power  to  cities  and  towns,  within  their 
corporate  limits,  to  license,  regulate,  control,  and 
tax,  or  to  suppress  or  prohibit  theaters,  race-tracks, 
pool-rooms,  bowling  alleys,  billiard  halls,  and  the 
sale  of  liquors,  subject  to  the  provisions  of  the  local 
option  law  of  the  State  of  Oregon.  Vote  YES  or  NO. 

320.  Yes. 

321.  No. 

ARGUMENT  IN  SUPPORT  OF  ABOVE  AMENDMENT. 

The  purpose  of  this  amendment  is  to  obtain  practical  home  rule  for 
all  cities  and  towns  in  Oregon. 

Laws  which  may  be  necessary  and  wise  for  a  seaport  may  not  be 
advisable  or  good  for  an  inland  town. 

The  proposed  amendment  gives  to  the  voters  of  each  city  in  Oregon 
the  right  to  regulate  their  own  local  affairs  and  to  make  such  laws  as  the 
majority  of  the  people  of  that  town  wish  to  make. 

The  majority  should  rule.  No  law,  of  course,  can  be  passed  except  by 
a  majority,  and  the  proposed  amendment  merely  prevents  a  minority 
ruling.    It  gives  the  majority  this  power  which  they  certainly  should  have. 

It  does  not  seem  fair  that  people  who  live  in  Eastern  Oregon  should 
vote  as  to  what  regulations  should  be  applied  to  the  local  affairs  of  a 
city  in  the  Willamette  Valley,  nor  on  the  other  hand  should  people  in  the 
Willamette  Valley  govern  the  local  affairs  of  cities  in  Eastern  Oregon. 
It  is  impossible  to  make  any  law  which  will  be  equally  suitable  for  all 
towns,  and  the  proposed  amendment  gives  the  taxpayers  and  voters  of 
each  town  the  right  to  govern  their  own  local  affairs  within  the  city 
boundaries. 

The  proposed  amendment  is  home  rule  for  cities.  Persons  who  have 
some  pet  measu7-e  or  policy  which  they  are  afraid  to  submit  to  a  vote  of 
the  people  will  oppose  this  amendment.  It  can  be  opposed  only  by  those 
persons  who  are  afraid  to  abide  by  the  rule  of  the  majority  of  the  people. 

All  others  should  support  it. 
(Endorsed) —  

Filed  January  27,  1908.         F.  W.  Benson,  Secretary  of  Stale. 


Submitted  to  Voters  of  Oregon  June  1,  1908         61 


ARGUMENT 

(negative) 

SUBMITTED  BY 

The  PORTLAND  MUNICIPAL  ASSOCIATION  and  the  OREGON 

ANTI-SALOON  LEAGUE 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

For  constitutional  amendment,  giving  additional  and 
exclusive  power  to  cities  and  towns,  within  their 
corporate  limits,  to  license,  regulate,  control,  and 
tax,  or  to  suppress  or  prohibit  theatres,  race- tracks, 
pool-rooms,  bowling  alleys,  billiard  halls,  and  the 
sale  of  liquors,  subject  to  the  provisions  of  the  local 
option  law  of  the  State  of  Oregon.  Vote  YES  or  NO. 

320.  Yes. 

321.  No. 


ARGUMENT    AGAINST    THE    FOREGOING    AMENDMENT. 

The  foregoing  proposed  amendment  is  entirely  superfluous,  inasmuch 
as  all  cities  and  towns  in  the  State  of  Oregon  do  now  enjoy  the  fullest 
possible  home-rule,  having  absolute  self-government — the  right  to  make 
and  amend  their  owm  charters  and  enact  their  own  laws,  SUBJECT  only 
TO  THE  Constitution  and  the  general  criminal  laws  of  the  State. 
This  power  was  conferred  by  an  amendment  to  the  Constitution  adopted 
in  the  election  of  1906  and  made  effective  by  an  act  of  the  Legislature  of 
1907  "for  carrying  into  effect  amendment  to  section  2,  article  XI  of  the 
Constitution,  granting  to  cities  and  towns  the  right  to  enact  or  amend 
their  charters." 

While  the  ostensible  purpose  of  the  proposed  amendment  is  to  "obtain 
practical  home-rule  for  all  cities  and  towns  in  Oregon,"  it  is  very  evident 
that  the  real  purpose  is  to  suspend  the  operation  of  the  criminal  laws  ot 
the  State,  as  to  certain  practices,  within  the  bounds  of  municipalities  at 
their  pleasure.  If  it  does  give  to  municipalities  any  power  of  home  rule 
which  they  do  not  now  possess,  it  is  some  power  contraiy  to  the  Constitu- 
tion of  the  State,  or  in  violation  of  the  general  criminal  laws.  y 

"The  effect  of  this  amendment,  if  adopted,  would  be  to  divest  sheriffs 
and  district  attorneys  of  the  power  to  suppress  pool-rooms  and  Sunday 


62  Pamphlet  Containing  Measures  to  be 

saloons,  and  give  municipal  authorities  power  to  run  a  town  as  wide  open 
as  they  desire.  The  Constitution  now  provides  that  city  charters  must  be 
'subject  to  the  Constitution  and  criminal  laws  of  the  State.'  The  amend- 
ment proposed  leaves  out  this  important  clause." — (Morning  Oregonian, 
28  January,  1908.) 

It  is  claimed  by  the  advocates  of  the  proposed  amendment  that  it  is  a 
step  in  the  direction  of  "majority  rule."  This  assertion  is  fallacious. 
Law  emanates  from  the  supreme  power  in  the  State,  that  is  the  people  of 
the  whole  State;  and  to  permit  the  people  of  a  municipality  to  override 
laws  enacted  by  the  people  of  the  whole  State,  or  to  set  at  naught  the 
moral  sentiment  of  the  people  of  the  State,  would  be  the  worst  form  of 
minority  rule. 

The  proposed  amendment  would  undermine  the  supremacy  of  the 
State.  It  would  create  an  authority  within  municipal  bounds  independent 
of,  and  doubtless  in  many  cases  opposed  to  the  authority  of  the  State.  It 
is  essentially  vicious  and  anarchistic  in  its  tendency. 

There  can  be  no  doubt  that  the  petition  for  the  enactment  of  the  pro- 
posed amendment  had  its  origin  among  those  who  are  intent  upon  ex- 
ploiting the  vices  of  city  life  for  their  own  profit,  and  who  care  little  or 
nothing  for  the  integrity  of  the  State  and  the  moral  welfare  of  its 
citizens. 

The  people  of  Oregon  cannot  tolerate  such  tampering  with  her  Consti- 
tution, and  the  vote  against  this  measure  should  be  so  overwhelming  as  to 
discourage  any  future  attempts  in  the  same  direction. 

Therefore  we  object  for  five  reasons: 

1.  It  is  a  saloon  measure  intended  to  entrench  the  saloon  and  nullify 
the  local  option  law.  ^ 

2.  It  makes  the  cities  principalities,  independent  of  the  criminal  laws 
and  police  powers  of  the  county  and  State. 

3.  It  assumes  for  the  city  independence  from  the  county,  yet  does  not 
propose  to  provide  for  expense  of  vice  and  crime  to  be  borne  by  cities 
alone. 

4.  Because  cities  and  country  in  counties  are  an  indissoluble  whole. 
What  affects  one  affects  the  other. 

5.  This  measure  is  a  violent  reversion  of  the  entire  structure  of  our 
government. 

PORTLAND   MUNICIPAL   ASSOCIATION, 

By  F.  A.  Frazier,  Member  Executive  Board. 

OREGON  ANTI-SALOON  LEAGUE, 

By  J.  R.  Knodell,  Asst.  Supt. 
(Endorsed)  — 

Filed  February  24,  1908. 

F.  W.  Benson,  Secretary  of  State. 


Submitted  to  Voters  of  Oregon  June  1,  1908         63 
AN  AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

To  be  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO    BE    HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND 

Section  1  of  Article  IX 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

28,   1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon  of  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The   following  is  the  form   and  number  in    which   the   question   will   be 

printed  on  the  official  ballot: 

PROPOSED  BY  INITIATIVE  PETITION 


For  constitutional  amendment  providing  that  all 
dwelling  houses,  barns,  sheds,  out  houses,  and  all 
other  appurtenances  thereto;  all  machinery  and 
buildings  used  exclusively  for  manufacturing  pur- 
poses and  appurtenances  thereto;  all  fences,  farm 
machinery,  and  appliances  used  as  such;  all  fruit 
trees,  vines,  shrubs,  and  all  other  improvements  on 
farms;  all  live  stock;  all  household  furniture  in  use; 
and  all  tools  owned  by  workmen  and  in  use,  shall  be 
exempt  from  taxation  in  addition  to  exemptions  now 
authorized  by  the  Constitution.  Vote  YES  or  NO. 

322.  Yes. 

323.-  No. 


64  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  322  and  323.] 

CONSTITUTIONAL  AMENDMENT. 

Section  1  of  Article  IX  of  the  Constitution  of  the  State  of  Oregon  shaH 
be,  and  hereby  is,  amended  to  read  as  follows: 

Section  1.  The  Legislative  Assembly  shall  provide  by  law  for  uniform 
and  equal  rate  of  assessment  and  taxation;  and  shall  prescribe  such 
regulations  as  shall  secure  a  just  valuation  for  taxation  of  all  property, 
both  real  and  personal,  excepting  that  all  dwelling  houses,  barns,  sheds, 
out  houses  and  all  other  appurtenances  thereto,  all  machinery  and 
buildings  used  exclusively  for  manufacturing  purposes  and  the  appur- 
tenances thereto,  all  fences^farm  machinery  and  appliances  used  as  such, 
all  fruit  trees,  vines,  shrubs,  and  all  other  improvements  on  farms,  all 
live  stock,  all  household  furniture  in  use,  and  all  tools  owned  by  workmen 
and  in  use,  shall  be  exempt  from  taxation;  excepting  also  such  property 
for  municipal,  educational,  literary,  scientific,  religious  or  charitable 
purposes,  as  may  be  specially  exempted  by  law. 


Submitted  to  Voters  of  Oregon  June  1,  1908         65 

ARGUMENT 

(affirmative) 

SUBMITTED  BY 

THE   OREGON  TAX  REFORM  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 

For  constitutional  amendment  providing  that  all 
dwelling  houses,  barns,  sheds,  out  houses,  and  all 
other  appurtenances  thereto;  all  machinery  and 
buildings  used  exclusively  for  manufacturing  pur- 
poses and  appurtenances  thereto;  all  fences,  farm 
machinery,  and  appliances  used  as  such;  all  fruit 
trees,  vines,  shrubs,  and  all  other  improvements  on 
farms;  all  live  stock;  all  household  furniture  in  use; 
and  all  tools  owned  by  workmen  and  in  use,  shall  be 
exempt  from  taxation  in  addition  to  exemptions  now 
authorized  by  the  Constitution.  Vote  YES  or  NO. 


322.  Yes. 


323.  No. 


ARGUMENT  IN  SUPPORT  OF  ABOVE  AMENDMENT. 

To  the  Voters  of  Oregon: 

The  proposed  amendment  is  a  step  in  the  direction  of  the  Single  Tax. 
If  adopted  it  would  exempt  most  personal  property  and  improvements 
from  taxation,  and  the  argument  submitted  has  in  view  that  all  such 
property  will  ultimately  be  exempted.  It  does  not  exempt  business  build- 
ings, merchandise,  cash,  improvements  of  public  service  corporations,  and 
a  few  other  articles  of  personalty  and  improvements.  The  Oregon  Tax 
Reform  Association,  composed  of  men  who  have  devoted  their  lives  to  the 
common  good,  seeing  the  injustice  and  iniquitous  results  of  our  preserft 
system  of  taxation,  which  has  been  so  carefully  defended  and  unscrupu- 
lously evaded,  by  the  various  special  interests  and  monopolies,  feel 
certain  that  the  time  has  arrived  and  the  people  are  ready  to  abolish 
this  effete  and  iniquitous  system  and  institute  a  better,  just,  and  more 
certain  method  of  taxation.  We  have,  therefore,  determined  to  submit 
the  above  amendment  to  remove  taxation  from  industry  and  place  it  on 
land  values.  We  will  prove  that  this  amendment  if  carried  will  benefit 
the  farmer,  workingman,  manufacturer,  merchant  and,  in  short,  every 
producer.  We  will  show  that  taxes  will  fall  on  those  monopolies  which 
have,  through  our  present  tax  laws,  complacently  levied  an  outrageous 
toll  on  industry  and  have  filched  from  Oregon  hundreds  of  millions  of 
3 


66  Pamphlet  Containing  Measures  to  be 

dollars  of  publicly  created  values.     Henry  George  has  well  stated  the 
results  that  will  follow  the  adoption  of  this  amendment: 

"To  appropriate  ground  rent  to  public  uses  by  means  of  taxation 
would  permit  the  abolition  of  all  the  taxation  which  now  presses  so 
heavily  upon  labor  and  capital.  This  would  enormously  increase  the 
production  of  wealth  by  the  removal  of  restrictions  and  by  adding  to  the 
incentives  to  production.  It  would  at  the  same  time  enormously  increase 
the  production  of  wealth  by  throwing  open  natural  opportunities.  It 
would  utterly  destroy  land  monopoly  by  making  the  holding  of  land 
unprofitable  to  any  but  the  user.  There  would  be  no  temptation  to  any 
one  to  hold  land  in  expectation  of  future  increase  in  its  value  when  that 
increase  was  certain  to  be  demanded  in  taxes.  No  one  could  afford  to 
hold  valuable  land  idle  when  the  taxes  upon  it  would  be  as  heavy  as  it 
would  be  were  it  put  to  the  fullest  use.  Thus  speculation  in  land  would 
be  utterly  destroyed  and  land  not  in  use  would  become  free  to  those  who 
wish  to  use  it.  The  enormous  increase  in  production  which  would  result 
from  this  throwing  open  the  natural  means  and  opportunities  of  produc- 
tion while  at  the  same  time  removing  the  taxation  which  now  hampers, 
restricts  and  fines  production,  would  enormously  augment  the  annual 
fund  from  which  all  incomes  are  drawn.  *  *  *" — Henry  George, 
Social  Problems,  page  285. 

The  Attorney-General  has  stated  that  in  his  opinion  this  amendment 
will  exempt  the  particular  things  which  it  specifies.  These  may  be 
summed  up  as  the  two  basic  pursuits  of  production  and  home-building. 
The  effect  of  the  law  now  in  operation  is  to  encourage  monopoly  and  dis- 
courage industry — to  subsidise  monopoly  and  fine  production,  to  take 
from  the  individual  a  portion  of  the  product  of  his  labor  and  give  it  to 
the  land  monopolists  (and  it  should  be  remembered  that  every  monopoly 
is  at  base  a  land  monopoly)  for  every  improvement,  which  results  from 
expenditure  of  taxes,  enhances  the  value  of  the  land  adjacent  to  the 
improvement.  On  the  other  hand  the  value  of  any  given  site  is  not 
earaed  by  the  owner.  He  has  contributed  no  more  to  its  value  than  any 
other  member  of  society  living  near  it.  The  entire  population  have 
jointly  created  this  value  and  should  take  it  for  public  uses.  A  concrete 
illustration  will  make  this  more  apparent. 

Some  forty  years  ago  Mr.  McGinn  paid  $1,500  for  the  southeast  corner 
of  Seventh  and  Washington  streets,  Portland.  This  site  is  at  present 
covered  with  mere  shacks,  but  it  is  safe  to  say  it  has  yielded  him  a  net 
income  of  more  than  $100,000.  On  the  25th  day  of  January,  1908,  Mr. 
McGinn  leased  this  location  for  twenty-five  years,  the  lessee  to  erect 
thereon  a  substantial  building  of  not  less  than  six  stories,  pay  a  rental 
of  $1,000,000,  pay  all  taxes,  assessments  incident  to  all  city  impix)ve- 
ments  and  forfeit  the  building  to  Mr.  McGinn  at  the  end  of  the  term. 
Meanwhile  Mr.  McGinn  lives  in  Southern  California,  pays  no  taxes, 
produces  none  of  the  rental  value  of  this  location  even  indirectly,  but 
simply  appropriates  $1,000,000  net  of  wealth  produced  by  somebody. 
This  simply  illustrates  the  method  by  which  monopoly  at  all  times  and 
everywhere  filches  wealth  from  industry.  Data  of  the  above  taken  from 
the  Oregon  Daily  Journal,  January  25th,  1908.  We  do  not  condemn  Mr. 
McGinn,  but  the  system  of  taxation  that  permits  it. 

All  authorities  agree  that  taxation  of  land  value  is  the  only  just,  cer- 
tain and  efficient  method  of  taxation.     It  has  been  partially  adopted  in 


Submitted  to  Voters  of  Oregon  June  1,  1908         67 


New  Zealand,  Manitoba,  and  locally  in  other  countries,  and  in  every 
instance  has  given  rise  to  a  prosperity  never  before  known.  The  farmers 
of  Manitoba  are  the  most  prosperous  in  the  world,  and  New  Zealand  has 
never  known  hard  times  or  business  depression  since  its  adoption.  On 
the  contrary  it  is  universally  knovm  that  New  Zealand's  prosperity  is 
superior  to  any  other  portion  of  the  globe  with  the  same  population.  In 
Manitoba  the  law  reads  that  no  improved  farm  shall  be  assessed  higher 
than  the  vacant  land  along  side.  The  effect  of  our  amendment  will  be 
identical.  It  will  relieve  the  farmer  by  allowing  improvement  to  be  made 
without  increasing  the  taxes  of  the  improver. 

The  farmer  usually  insists  on  taxing  everything.  Under  such  a 
system  the  farmer  pays  taxes  on  everything  while  the  bulk  of  the  wealth 
drained  from  the  farms  to  the  cities  always  and  everywhere  eludes  the 
assessor.  Such  a  system  is  a  fine  on  honesty  and  a  premium  on  perjury. 
The  most  honest  official  cannot  guess  anywhere  near  the  value  of  the  vast 
and  various  forms  of  wealth  in  the  cities — cannot  tell  the  difference  be- 
tween a  $200  and  a  $500  carpet.  On  the  other  hand,  the  country  assessor 
knows  the  worth  of  the  farm  wagon,  and  can  estimate  within  10  per  cent 
the  value  of  all  the  farmer  has.  Under  this  amendment  the  greatest 
taxation  will  fall  where  land  is  most  valuable.  A  whole  farm  can  be 
purchased  for  $5,000.  One  block  200  feet  square  in  the  city  of  Portland 
is  worth  $1,000,000.  The  value  of  this  one  block  would  purchase  20,000 
acres  of  farming  land  at  $50  per  acre.  This  block  would  pay  as  much 
taxes  as  20,000  acres  of  $50  per  acre  farming  land. 

The  land  values  of  Portland  and  the  other  large  cities  of  Oregon  are 
more  than  seven  times  as  great  as  the  value  of  all  the  farming  lands  of 
Oregon,  yet  they  pay  only  40  per  cent  of  the  taxes.  The  area  of  all  the 
farming  lands  in  this  state  is  11,000,000  odd  acres  and  the  farming  popu- 
lation 100,000.  The  railroad  lands,  timber  monopolies,  and  cities  of 
Oregon  constitute  over  26,000,000  acres  and  the  population  of  the  cities 
about  335,000.  Therefore  under  our  present  system  the  products  of  40 
per  cent  of  the  area  pays  over  60  per  cent  of  the  taxes  while  the  product 
of  60  per  cent  of  the  land  (the  most  valuable  land)  pays  less  than  40 
per  cent  of  the  taxes.  That  is  to  say,  less  than  one-fourth  of  the  popula- 
tion pays  60  per  cent  and  three-fourths  of  the  population  only  pay  40  per 
cent  of  the  taxes.     This  is  glaringly  unjust. 

The  Supreme  Court  recently  nullified  the  customary  $300  exemption 
of  farmer's  and  householder's  belongings,  yet  under  the  same  law  mil- 
lions upon  millions  of  monopoly  values  go  free.  It  should  be  noted  that 
if  this  amendment  is  adopted  the  taxes  will  fall  in  an  increased  amount, 
not  upon  land  as  land,  but  upon  land  values,  thereby  relieving  the  farmer. 

Oregon  discourages  the  investment  of  capital  and  manufacturing  en- 
terprises with  high  taxes.  The  people  and  the  papers  continually  clamor 
for  the  investment  of  capital  and  the  production  of  wealth.  Then  why 
discourage  it?  Are  not  our  laws  highly  absurd;  laws,  that  allow  useless 
and  nonproductive  monopolists  to  hold  out  of  use  thousands  of  natural 
manufacturing  sites?  That  they  are  absurd  is  shown  by  the  vivid  fact 
that  Eugene,  Albany,  Astoria,  Salem,  Portland,  The  Dalles  and  other 
cities  have  from  time  to  time  offered  and  paid  bonuses  of  from  two  to 


68  Pamphlet  Containing  Measures  to  be 

twenty  thousand  dollars  to  induce  mills  and  factories  to  the  respective 
cities,  and  have  further  offered  to  partially  or  wholly  exempt  them  from 
taxation.  What  does  this  mean  if  not  the  fact  that  these  communities 
have  consented  to  purchase  of  landlordism  the  privilege  to  have  an  in- 
dustry in  their  midst?  For  in  almost  every  instance  the  bonus  offered  or 
given  has  equaled  the  value  of  the  desired  site  and  the  taxes  for  a  term 
of  years  which  under  our  present  system  are  adroitly  levied  on  industry 
for  the  benefit  of  monopoly.  This  amendment  will  bring  into  the  State 
millions  of  dollars  of  capital  now  going  to  other  communities  where  no 
attempt  is  made  to  tax  manufacturing  enterprises.  That  freedom  from 
taxes  will  cause  manufacturing  plants  to  enlarge  and  new  ones  to  be 
established  need  hardly  be  argued.     To  this  manufacturers  all  agree. 

As  high-tariff  men  would  say,  "to  stimulate  manufacturing  will  pro- 
vide a  home  market  for  Oregon  farmers"  both  for  raw  material  for  the 
factories,  and  produce  for  the  increasing  population;  will  save  freight 
charges  on  many  commodities  now  shipped  across  the  continent;  while 
home  competition  would  lower  the  cost  of  manufactured  articles. 

Believers  in  a  protective  tariff  readily  see  this,  and  low-tariff  men 
consider  it  a  fairer  way  of  fostering  manufacturing  industries. 

Baltimore,  Atlanta  and  Birmingham,  under  the  policy  of  exemption, 
have  become  great  manufacturing  centers.  There  is  no  reason  why 
Oregon  should  not  do  likewise.  Note  that  this  amendment  would  not 
exempt  the  location  of  manufacturing  plants,  nor  the  timber  lands  of 
mill  men. 

The  proposed  amendment  will,  as  in  the  case  of  the  farmer,  benefit 
every  working  man  by  making  employment  plentiful — by  creating  an 
abundance  of  opportunities  and  a  scarcity  of  labor.  This  condition  in- 
variably gives  rise,  must  give  rise,  to  ever  advancing  wages.  For  in- 
creased demand  for  workers  lessens  the  supply  of  competing  labor  and 
the  law  of  supply  and  demand  universally  governs  the  price  of  exchanges. 

Monopoly  is  the  curse  that  has  in  all  countries  and  all  times  bound 
the  many  in  poverty  and  want  and  made  millionaires  of  the  few.  It  will 
be  evident  to  any  thoughtful  man  that  if  we  abolish  monopoly  the  condi- 
tions will  be  reversed.  For  to  abolish  land  monopoly  is  to  open  up  to 
labor  the  opportunity  and  the  use  of  land.  While  land  is  monopolized, 
industry  must  suffer.  The  destruction  of  monopoly  by  taxation  will 
permit  the  use  of  land  from  which  all  wealth  is  directly  or  indirectly 
produced.  And  as  employment  of  land  in  building,  cultivation  and  manu- 
facture increase  so  the  demand  for  labor  must  increase.  The  relinquish- 
ment of  lands,  now  held  at  enormous  speculative  prices,  will  make  possi- 
ble the  rearing  of  homes,  and  release  men  from  the  blighting  curse  of 
landlordism. 

Every  new  home  broadens  and  strengthens  the  base  of  society.  We 
have  seen  above  how  monopoly  filches  tribute  from  production.  It  is 
self-evident  that  as  ground  rent  falls  so  wages  must  rise. 

The  working  man  in  whatever  capacity  he  labors,  farmers,  clerks, 
artisans,  mechanics  and  all  should  bear  clearly  in  mind  that  the  present 
system  of  taxation  shifts  the  whole  load  of  taxation  on  the  consumer, 
while  monopoly,  or  landlordism,  like  the  robber  barons  of  old,  holds  the 


Submitted  to  Voters  of  Oregon  June  1,  1908         69 

people  in  subjection  and  levies  tribute  even  from  the  sick  and  destitute. 
In  spite  of  the  depression  that  compels  many  to  want  and  idleness,  rents 
have  increased  in  Portland.  It  is  the  old  trait  that  marks  its  history — 
tribute  for  the  right  to  live. 

The  amendment  will  benefit  all  workers,  by  multiplying  demand  for 
labor  in  factories,  on  farms  and  in  construction  and  distribution,  by 
making  them  independent  through  free  use  of  land,  by  making  of  each 
a  home  owner,  and  by  increase  of  wages  which  will  rise  as  rent — monop- 
oly power — falls. 

Vacant  lots  and  land  grants  buy  no  dry  goods  or  groceries.  The  mer- 
chant will  readily  see  in  the  amendment  a  wide  opportunity  for  industry, 
a  greater  employment  of  labor,  higher  wages,  and  an  ever-enlarging 
fund  for  purchase  or  exchange.  He  will  see  that  exemption  of  the 
farmer's  improvements  and  the  discouragement  of  idleness  of  land  will 
enable  and  stimulate  a  greater  purchase  of  building  material,  machinery, 
furniture,  apparel  and  sundries.  Justice  does  not  discriminate.  She 
benefits  all  alike.  We  have  but  to  obey  her  and  that  prosperity  which 
only  she  can  give  will  be  our  recompense. 

The  amendment  will  enable  the  banks  to  loan  the  millions  of  deposits 
on  actual  development  of  industry  instead  of  on  speculative  schemes  to 
discount  future  growth.  It  will  turn  the  able  brains  at  the  heads  of 
great  public  service  corporations  from  schemes  of  monopolization  to 
expanding  their  proper  business  as  common  carriers.  It  is  opposed  only 
to  those  interests  which  fence  natural  opportunity  away  from  enterprise 
and  industry.  By  shifting  taxes  to  land  value  and  discouraging  the 
holding  of  vacant  land  it  will  foster  home-building,  and  lands  now  barren 
wastes  will  teem  with  wealth  and  population.  Bank  failures  and  panics 
will  disappear,  for  failures  usually  and  panics  always  are  caused  by 
schemes  of  speculation  in  corporation  franchises  or  special  privileges 
over  the  land  of  the  public  streets  and  highways. 

Oregon  will  derive  more  advertisement  from  its  adoption  of  this 
amendment,  attract  more  capital  and  settlers  than  all  the  money  ever 
spent  for  that  specific  purpose,  and  it  will  place  this  State  on  a  line 
with  the  most  progressive  sections  of  the  world. 

This  is  no  war  on  persons — no  appeal  to  class  or  personal  interests, 
but  to  progressive  public  spirit  to  amend  a  tax  system  which  has  encour- 
aged injurious  speculation  and  discouraged  the  increase  of  industry  and 
wealth.  After  more  than  forty  years  of  statehood,  Oregon  had  only 
435,000  population  in  1900.  Her  area  is  twice  as  great  as  New  York, 
about  as  large  as  Old  England  and  New  England  combined.  They  sur- 
pass her  in  population  one  hundred  times  while  she  surpasses  them  in  all 
that  should  draw  population  and  enterprise.  Jf  Oregon  were  as  densely 
populated  as  Rhode  Island  she  would  have  45,000,000  people.  This 
amendment  appeals  to  that  thoughtful  conservatism  which  knows  that  we 
have  opened  too  wide  the  door  to  speculation.  Oregon  is  rich  in  oppor- 
tunity. It  is  only  required  to  amend  the  laws  that  the  abundance  of 
nature  may  be  free  to  the  hand  of  industry. 

OREGON  TAX  REFORM  ASSOCIATION. 
(Endorsed) —  

Filed  February  3,  1908.        F.  W.  Benson,  Secretary  of  State. 


70  Pamphlet  Containing  Measures  to  be 


AN  AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  general  ELECTION 

TO    BE    HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND 

Section  18  of  Article  II 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

29,   1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon  of  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State.. 

The  following  is  the  form  and  number  in   which   the  question  will  be 

printed  on  the  official  ballot: 

PROPOSED  BY  INITIATIVE  PETITION 

For  an  amendment  to  Article  II  of  the  Constitution, 
giving  the  voters  power  to  call  a  special  election  at 
any  time  to  discharge  any  public  officer  and  elect  his 
successor.  Vote  YES  or  NO. 

324.  Yes. 

325.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         71 

[On  Official  Ballot,  Nos.  324  and  325.] 

CONSTITUTIONAL  AMENDMENT. 

Article  II  of  the  Constitution  of  the  State  of  Oregon  shall  be,  and  hereby 
is,  amended  by  adding  thereto  at  the  end  of  said  article  a  new  section, 
which  shall  be  numbered  Section  18  of  said  Article  II  and  shall  be  as 
follows: 

Section  18.  Every  public  officer  in  Oregon  is  subject,  as  herein  pro- 
vided, to  recall  by  the  legal  voters  of  the  State  or  of  the  electoral  district 
from  which  he  is  elected.  There  may  be  required  twenty-five  per  cent, 
but  not  more,  of  the  number  of  electors  who  voted  in  his  district  at  the 
preceding  election  for  justice  of  the  Supreme  Court  to  file  their  petition 
demanding  his  recall  by  the  people.  They  shall  set  forth  in  said  petition 
the  reasons  for  said  demand.  If  he  shall  offer  his  resignation,  it  shall  be 
accepted  and  take  effect  on  the  day  it  is  offered,  and  the  vacancy  shall  be 
filled  as  may  be  provided  by  law.  If  he  shall  not  resign  within  five  days 
after  the  petition  is  filed,  a  special  election  shall  be  ordered  to  be  held 
within  twenty  days  in  his  said  electoral  district  to  determine  whether  the 
people  will  recall  said  officer.  On  the  sample  ballot  at  said  election  shall 
be  printed  in  not  more  than  two  hundred  words,  the  reasons  for  demand- 
ing the  recall  of  said  officer  as  set  forth  in  the  recall  petition,  and  in  not 
more  than  two  hundred  words,  the  officer's  justification  of  his  -course  in 
office.  He  shall  continue  to  perform  the  duties  of  his  office  until  the 
result  of  said  special  election  shall  be  officially  declared.  Other  candidates 
for  the  office  may  be  nominated  to  be  voted  for  at  said  special  election. 
The  candidate  who  shall  receive  the  highest  number  of  votes  shall  be 
deemed  elected  for  the  remainder  of  the  term,  whether  it  be  the  person 
against  whom  the  recall  petition  was  filed,  or  another.  The  recall  peti- 
tion shall  be  filed  with  the  officer  with  whom  a  petition  for  nomination  to 
such  office  should  be  filed,  and  the  same  officer  shall  order  the  special 
election  when  it  is  required.  No  such  petition  shall  be  circulated  against 
any  officer  until  he  has  actually  held  his  office  six  months,  save  and  ex- 
cept that  it  may  be  filed  against  a  senator  or  representative  in  the  legis- 
lative assembly  at  any  time  after  five  days  from  the  beginning  of  the 
first  session  after  his  election.  After  one  such  petition  and  special  elec- 
tion, no  further  recall  petition  shall  be  filed  against  the  same  officer 
during  the  term  for  which  he  was  elected  unless  such  further  petitioners 
shall  first  pay  into  the  public  treasury  which  has  paid  such  special  elec- 
tion expenses,  the  whole  amount  of  its  expenses  for  the  preceding  special 
election.  Such  additional  legislation  as  may  aid  the  operation  of  this 
section  shall  be  provided  by  the  Legislative  Assembly,  including  pro- 
vision for  payment  by  the  public  treasury  of  the  reasonable  special  elec- 
tion campaign  expenses  of  such  officer.  But  the  words  "the  Legislative 
Assembly  shall  provide"  or  any  similar  or  equivalent  words  in  this  Con- 
stitution or  any  amendment  thereto,  shall  not  be  construed  to  grant  to 
the  Legislative  Assembly  any  exclusive  power  of  law-making  nor  in  any 
way  to  limit  the  initiative  and  referendum  powers  reserved  by  the  people. 


72  Pamphlet  Containing  Measures  to  be 


A   BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO    BE    HELD 

On  the  First  Day  of  June,  1908, 

To  propose  by  initiative  petition  a  law  to  instruct  the  members  of  the 
Legislative  Assembly  to  vote  for  and  elect  the  candidates  selected  by 
the  people  for  United  States  Senator  from  Oregon. 

By  initiative  petition  filed  in  the  ofRce  of  the  Secretary  of  State,  January 

29,  1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  foi-m   and  number  in   which  the  question  will   be 

printed  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 

A  bill  for  a  law  instructing  members  of  the  Legisla- 
ture to  vote  for  and  elect  the  candidates  for  United 
States  Senator  who  receive  the  highest  number  of 
votes  at  the  general  election.  Vote  YES  or  NO. 

326.  Yes. 

327.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         73 


LOn  Official  Ballot,  Nos.  326  and  327.] 

A  BILL 

To  propose  by  initiative  petition  a  law  to  instruct  the  members  of  the 
Legislative  Assembly  to  vote  for  and  elect  the  candidates  selected  by 
the  people  for  United  States  Senator  from  Oregon. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  we,  the  people  of  the  State  of  Oregon,  hereby  instruct 
our  representatives  and  senators  in  our  Legislative  Assembly,  as  such 
officers,  to  vote  for  and  elect  the  candidates  for  United  States  Senator 
from  this  State  who  receive  the  highest  number  of  votes  at  our  general 
elections. 


74  Pamphlet  Containing  Measures  to  be 

AN  AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO    BE    HELD 

On  the  First  Day  of  June,  1908, 

TO  AMEND- 

Section  16  of  Article  II 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

30,   1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in   which  the  question  will"  be 

printed  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


For  constitutional  amendment  giving  the  people  power 
to  make  laws  for  election  of  public  officers  by  ma- 
jority vote  instead  of  pluralities;  to  provide  that 
political  parties  and  voters'  organizations  shall  be 
proportionably  represented  in  all  offices  filled  by  the 
election  of  two  or  more  persons,  and  that  a  voter 
shall  vote  for  only  one  person  for  any  office,  and  may 
indicate  his  second,  third,  etc.,  choice;  and  to  pro- 
vide for  a  simple  method  of  precinct  residence  and 
registration.  Vote  YES  or  NO. 


328.  Yes. 

329.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         75 


[On  Official  Ballot,  Nos.  328  and  329.] 

constitutional  amendment. 

Section  16  of  Article  II  of  the  Constitution  of  the  State  of  Oregon  shall 
be  and  the  same  hereby  is  amended  to  read  as  follows: 

Section  IC.  In  all  elections  authorized  by  this  Constitution  until  other- 
wise provided  by  law,  the  person  or  persons  receiving  the  highest  number 
of  votes  shall  be  declared  elected,  but  provision  may  be  made  by  law  for 
elections  by  equal  proportional  representation  of  all  the  voters  for  every 
office  which  is  filled  by  the  election  of  two  or  more  persons  whose  official 
duties,  rights  and  powers  are  equal  and  concurrent.  Every  qualified 
elector  resident  in  his  precinct  and  registered  as  may  be  required  by  law, 
may  vote  for  one  person  under  the  title  for  each  office.  Provision  may  be 
made  by  law  for  the  voter's  direct  or  indirect  expression  of  his  first, 
second  or  additional  choices  among  the  candidates  for  any  office.  For 
an  office  which  is  filled  by  the  election  of  one  person  it  may  be  required 
by  law  that  the  person  elected  shall  be  the  final  choice  of  a  majority  of 
the  electors  voting  for  candidates  for  that  office.  These  principles  may 
be  applied  by  law  to  nominations  by  political  parties  and  organizations. 


76  Pamphlet  Containing  Measures  to  be 


A   BILL 

To  BE  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO   BE   HELD 

On  the  First  Day  of  June,  1908, 

To  propose  by  initiative  petition  a  law  to  limit  candidates'  election  ex- 
penses; to  define,  prevent  and  punish  corrupt  and  illegal  practices  in 
nominations  and  elections;  to  secure  and  protect  the  purity  of  the 
ballot;  to  amend  Section  2775  of  Bellinger  and  Cotton's  Annotated 
Codes  and  States  of  Oregon;  to  provide  for  furnishing  information 
to  the  electors  and  to  provide  the  manner  of  conducting  contests  for 
nominations  and  elections  in  certain  cases. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

30,  1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 

The  following  is  the  form  and  number  in  which   the  question  will  be 

printed  on   the  official  ballot: 

PROPOSED  BY  initiative  PETITION 


A  bill  for  a  law  to  limit  the  amount  of  money  candi- 
dates and  other  persons  may  contribute  or  spend  in 
election  campaigns;  declaring  what  shall  constitute 
corrupting  use  of  money  and  undue  influence  in 
elections  and  punishing  the  same;  prohibiting  at- 
tempts on  election  day  to  persuade  any  voter  to  vote 
for  or  against  any  candidate  or  candidates,  or  any 
measure  submitted  to  the  people;  to  protect  the 
purity  of  the  ballot;  furnishing  information  to  voters 
concerning  candidates  and  parties,  partly  at  public 
expense,  and  providing  for  the  manner  of  conduct- 
ing election  contests.  Vote  YES  or  NO. 

330.  Yes. 

331.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         77 

[On  Official  Ballot,  Nos.  330  and  331.] 

HUNTLEY     BILL 
A  BILL 

To  propose  by  Initiative  petition  a  law  to  limit  candidates'  election  ex- 
penses; to  define,  prevent  and  punish  corrupt  and  illegal  practices 
in  nominations  and  elections;  to  secure  and  protect  the  purity  of 
the  ballot;  to  amend  section  2775  of  Bellinger  and  Cotton's  anno- 
tated codes  and  statutes  of  Oregon;  to  provide  for  furnishing  in- 
formation to  the  electors  and  to  provide  the  manner  of  conducting 
contests   for  nominations  and  elections  in  certain  cases. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  No  sums  of  money  shall  be  paid,  and  no  expenses  au- 
thorized or  incurred  by  or  on  behalf  of  any  candidate  to  be  paid  by  him, 
except  such  as  he  may  pay  to  the  state  for  printing,  as  herein  provided, 
in  his  campaign  for  nomination  to  any  public  office  or  position  in  this 
state,  in  excess  of  fifteen  per  cent  of  one  year's  compensation  or  salary 
of  the  office  lor  which  he  is  a  candidate;  provided,  that  no  candidate 
sh^ll  be  restricted  to  less  than  one  hundred  dollars  in  his  campaign  for 
such  nomination.  No  sums  of  money  shall  be  paid,  and  no  expenses 
authorized  or  incurred,  contrary  to  the  provisions  of  this  act,  for  or  on 
behalf  of  any  candidate  for  nomination.  For  the  purposes  of  this  law 
the  contribution,  expenditure,  or  liability  of  a  descendant,  ascendant, 
brother,  sister,  uncle,  aunt,  nephew,  niece,  wife,  partner,  employer, 
employe,  or  fellow  official  or  fellow  employe  of  a  corporation  shall  be 
deemed  to  be  that  of  the  candidate  himself. 

Section  2.  Any  candidate,  and  unless  he  notifies  the  Secretary  of 
State  that  he  refuses  them  permission,  the  friends  of  any  candidate  for 
nomination  to  any  state  or  district  office,  when  the  district  is  composed 
of  one  or  more  counties,  may  file  with  the  Secretary  of  State,  for  publi- 
■cation  as  herein  provided,  not  later  than  the  thirty-third  day  before  the 
biennial  primary  nominating  election,  with  his  portrait  cut  if  he  wishes, 
a  printed  or  typewritten  statement  or  statements,  on  the  conditions  here- 
inafter set  forth,  over  his  or  their  signatures,  stating  the  reasons  why 
he  should  be  nominated;  provided,  that  no  candidate,  nor  his  friends, 
shall  be  allowed  to  file  any  such  statements,  unless  his  petition  for  nomi- 
nation is  duly  filed  with  the  Secretary  of  State,  not  later  than  the  forty- 
first  day  before  said  rominating  election.  Any  person  or  persons  op- 
posing the  nomination  of  any  such  candidate  may,  not  later  than  the 
39th  day,  before  said  nominating  election,  file  with  the  Secretary  of  State 
their  printed  or  typewritten  statements  over  their  signatures,  o^  the 
reasons  why  such  candidate  should  not  be  nominated,  but  every  such 
statement  shall  be  accompanied  by  proof,  by  affidavit  or  sheriff's  return. 


78  Pamphlet  Containing  Measures  to  be 

that  they  have  caused  to  be  served  personally  and  in  person,  upon  such 
candidate  a  true  copy  of  such  statement.  Each  candidate  shall  be  al- 
lowed one  page  of  printed  matter  and  those  opposing  him  shall  each  be 
allowed  one  page  of  space  on  equal  terms  with  him  as  hereinafter  pro- 
vided. Nothing  in  this  law  shall  be  deemed  to  make  any  such  statement 
or  the  authors  thereof  free  or  exempt  from  any  civil  or  criminal  action 
or  penalty,  because  of  any  false,  slanderous  or  libelous  statements  offered 
for  printing  or  contained  in  said  pamphlet.  The  person  or  persons 
procuring,  making,  composing  or  offering  such  statement  for  filing,  shall 
be  deemed  the  authors  and  publishers  thereof. 

Section  3.  Candidates  for  nomination  shall  pay  for  one  page  of 
space  in  the  publication  herein  provided  for  as  follows:  For  the  office 
of  United  States  Senator  in  Congress,  one  hundred  dollars;  for  Repre- 
sentative in  Congress,  one  hundred  dollars;  for  Justice  of  the  Supreme 
Court,  seventy-five  dollars;  for  Governor,  one  hundred  dollars;  for  Secre- 
tary of  State,  one  hundred  dollars;  for  State  Treasurer,  one  hundred  dol- 
lars; for  State  Printer,  one  hundred  dollars;  for  State  Superintendent  of 
Public  Instruction  and  Attorney-General,  each  seventy-five  dollars;  for 
Commissioner  of  Labor  Statistics  and  Inspector  of  Factories  and  Work 
Shops,  fifty  dollars;  for  Senator  or  Representative  in  the  Legislative  As- 
sembly, ten  dollars;  for  Circuit  Judge  and  District  Attorney,  fifty  dollars 
each;  for  candidates  for  any  other  office  for  a  district  consisting  of  one 
or  more  counties,  or  state  office,  twenty-five  dollars.  Any  candidate  may 
have  additional  space  at  the  rate  of  one  hundred  dollars  per  page,  but 
no  payment  shall  be  received  for  less  than  a  full  page;  provided,  that 
not  more  than  three  additional  pages  shall  be  allowed  to  any  one  candi- 
date. All  payments  required  by  this  section  shall  be  made  to  the  Secre- 
tary of  State  when  the  statement  is  offered  to  him  for  filing,  and  be  by 
him  paid  into  the  general  fund  in  the  state  treasury. 

Section  4.  Not  later  than  the  thirtieth  day  before  the  primary 
nominating  election,  the  Secretary  of  State  shall  hand  to  the  State 
Printer  all  of  such  staternents  and  portrait  cuts,  properly  compiled, 
edited,  prepared  and  indexed  for  printing;  it  shall  be  the  State  Printer's 
duty  to  print  and  bind  the  same  in  pamphlet  form,  printing  the  pictures 
of  candidates  with  and  as  a  part  of  their  several  statements,  where  such 
portrait  cuts  are  offered;  statements  of  those  who  directly  oppose  any 
candidate  shall  follow  next  after  his  statement.  All  of  the  statements 
filed  for  and  against  all  the  candidates  for  nomination  to  each  office 
shall  be  printed  in  the  order  in  which  candidates'  names  are  grouped 
under  the  title  to  their  offices  on  the  official  ballot  at  the  nominating 
election.  In  preparing  said  pamphlets  for  printing,  the  Secretary  of 
State  shall  compile  the  copy  for  the  same  in  such  form  as  to  make  It 
most  convenient  for  the  State  Printer  to  print  and  bind  under  one  cover, 
separately  for  each  political  party,  the  statements  only  of  candidates  to 
be  voted  for  by  members  of  that  party  for  nomination  in  the  same  elec- 
toral district  or  division;  that  is  to  say,  the  statements  and  arguments  of 
all  candidates  seeking  republican  votes  In  Multnomah  county  for  nomina- 


Submitted  to  Voters  of  Oregon  June  1,  1908         79 

tion  by  the  republican  party  to  state  and  district  offices,  for  a  district 
comprising  one  county  or  more,  shall  be  printed  and  bound  under  one 
cover,  and  the  same  with  the  democratic  and  any  other  party  required 
to  nominate  its  candidates  at  said  nominating  election.  The  same 
method  shall  be  applied  in  printing  the  pamphlets  for  all  other  coun- 
ties and  districts,  but  no  picture,  statement  or  argument  for  or  against 
any  candidate  for  nomination  shall  be  included  in  the  copy  of  said 
pamphlet  going  to  any  county  where  such  candidate  is  not  to  be  voted 
for.  The  State  Printer  shall  begin  the  delivery  of  said  pamphlets  to 
the  Secretary  of  State  as  quickly  as  possible,  and  not  later  than  the 
twentieth  day  before  the  nominating  election,  and  complete  the  same 
not  later  than  the  fifteenth  day  before  said  nominating  election,  printing 
and  delivering  first  so  far  as  practicable,  the  pamphlets  for  the  counties 
in  the  order  of  their  distance  from  the  state  capital.  At  the  time  of 
delivering  the  copy  to  the  State  Printer,  the  Secretary  of  State  shall 
order  the  number  of  copies  he  estimates  will  be  necessary  for  each 
county. 

Section  5.  The  several  county  clerks  shall  obtain  the  postoffice 
address  of  each  voter  who  registers  and  on  the  seventeenth  day  pre- 
ceding the  nominating  election  said  county  clerks  shall  mail  to  the 
Secretary  of  State  the  name,  postoffice  address,  and  party  registration  of 
every  voter  registered  at  that  time  in  their  respective  counties;  immedi- 
ately on  the  close  of  registration  for  such  nominating  election,  and  again 
at  the  close  of  registration  for  the  general  election,  they  shall  deliver  to 
the  Secretary  of  State  the  postoffice  address  and  party  registration  of 
every  voter  who  registers  during  the  said  interval.  At  least  eight  days 
before  the  regular  biennial  primary  nominating  election,  the  Secretary  of 
State  shall  forward  by  mail  to  every  voter  who  is  registered  as  a  member 
of  one  of  the  several  political  parties  required  to  nominate  their  candi- 
date at  such  nominating  election,  a  copy  of  the  pamphlet  of  his  political 
party,  containing  the  names  and  statements  herein  provided  for.  The 
pages  of  the  pamphlets  required  by  this  act  shall  be  six  by  nine  inches  in 
size,  and  the  printed  matter  therein  shall  be  set  in  eight  point  Roman 
faced  type,  single  leaded,  and  twenty-five  ems  pica  in  width,  with  proper 
heads.  In  the  foot  margin  of  every  page  of  the  party  pamphlets  for 
nominating  election  shall  be  shown  the  authority  for  the  information 
therein,  as  "This  information  furnished  by  (name  of  candidate  or  name 
of  his  friends  or  opponents),"  as  the  case  may  be.  In  the  foot  margin 
of  every  page  of  the  pamphlet  herein  provided  for  the  general  election 
shall  be  shown  the  authority  for  the  statements  thereof,  as  "This  in- 
formation furnished  by  (title  of  committee  or  managing  agent  of  the 
political  party  or  name  of  the  independent  candidate),"  as  the  case 
may  be. 

Section  6.  Not  later  than  the  thirtieth  day  before  the  regular 
biennial  general  election  the  state  executive  committee  or  managing 
officers   of  any   political   party  or  organization  having  nominated  candi- 


80  Pamphlet  Containing  Measures  to  be 


dates,  but  no  others  except  independent  candidates,  may  file  with  th« 
Secretary  of  State  portrait  cuts  of  its  candidates  and  typewritten  state- 
ments and  arguments  for  the  success  of  its  principles  and  the  election 
of  its  candidates,  and  opposing  or  attacking  the  principles  and  candi- 
dates of  all  other  parties.  Not  later  than  the  twenty-eighth  day  before 
said  general  election  the  Secretary  of  State  shall  deliver  to  the  State 
Printer  properly  compiled  and  prepared  for  printing,  the  said  portrait 
cuts,  statements  and  ai'guments,  with  an  order  for  the  number  of  pamph- 
let copies  of  the  same  necessary  to  supply  one,  at  least,  complete  as  to 
the  candidates  to  be  voted  for  in  any  county  for  which  the  same  may  be 
designed,  for  every  registered  voter  within  the  State  of  Oregon.  The 
State  Printer  shall  begin  delivering  said  pamphlets  to  the  Secretary  of 
State  as  soon  as  possible,  and  shall  complete  the  same  within  twelve 
days.  The  Secretary  of  State  shall  begin  mailing  the  pamphlets  to  the 
voters  of  the  state  as  soon  as  they  are  delivered  to  him,  and  shall  com- 
plete the  mailing  on  or  before  the  tenth  day  before  said  general  election. 

Section  7.  All  the  portrait  cuts,  statements  and  arguments  of  all 
the  political  parties  and  independent  candidates  shall  be  bound  together 
in  one  pamphlet,  and  no  party  shall  have  more  than  twenty-four  pages, 
nor  an  independent  candidate  more  than  two  pages  therein.  The  political 
parties  and  independents  shall  pay  to  the  Secretary  of  State  for  the  public 
treasury  for  said  pamphlet  at  the  time  of  filing  their  copy  with  him, 
at  the  rate  of  fifty  dollars  for  each  printed  page  of  space  in  said  pamphlet 
used  by  such  party  or  independent  candidate.  The  provisions  of  the 
preceding  sections  requiring  estimates  of  the  number  of  pamphlets  for 
each  county,  limitations  on  the  candidates'  names,  statements  and  pic- 
tures to  be  included  in  the  pamphlets  going  to  each  county,  and  the  man- 
ner of  distribution,  shall  apply  in  like  manner  to  the  pamphlets  herein 
provided  for  the  general  election. 

Section  8.  No  sums  of  money  shall  be  paid  and  no  expenses  author- 
ized or  incurred  by  or  on  behalf  of  any  candidate  who  has  received  th^e 
nomination  to  any  public  office  or  position  in  this  state,  except  such 
as  he  may  contribute  towards  payment  for  liis  political  party's  or  inde- 
pendent statement  in  the  pamphlet  herein  provided  for,  to  be  paid  by 
him  in  his  campaign  for  election,  in  excess  of  ten  per  cent  of  one  year's 
salary  or  compensation  of  the  office  for  which  he  is  nominated;  pro- 
vided, that  no  candidate  shall  be  restricted  to  less  than  one  hundred  dol- 
lars. No  sum  of  money  shall  be  paid  and  no  expenses  authorized  or 
incurred  by  or  on  behalf  of  any  political  party  or  organization  to  pro- 
mote the  success  of  the  principles  or  candidates  of  such  party  or  organ- 
ization, contrary  to  the  provisions  of  this  act.  For  the  purposes  of  this 
act  the  contribution,  expenditure  or  liability  of  a  descendant,  ascendant, 
brother,  sister,  uncle,  aunt,  nephew,  niece,  wife,  partner,  employer,  em- 
ploye or  fellow  official  or  fellow  employe  of  a  corporation  shall  be 
deemed  to  be  that  of  the  candidate  himself. 

Section  9.  In  cities  of  more  than  ten  thousand  population,  any 
candidate  for  nomination  or  election  to  any  elective  municipal  office  may 


Submitted  to  Voters  of  Oregon  June  1,  1908         81 

file  with  the  City  Clerk,  Auditor  or  Recorder,  not  later  than  the  fifteenth 
day  before  the  municipal  primary  nominating  election,  a  statement  of 
the  reasons  why  he  should  be  nominated  and  elected,  and  portrait  cut 
If  he  desires,  on  the  conditions  hereinafter  set  forth.  Such  candidate 
shall  pay  for  the  services  herein  provided  at  the  rate  of  twenty  dollars 
for  each  printed  page  of  space;  no  payment  shall  be  received  for  less 
than  a  full  page.  All  payments  made  under  this  section  shall  be  made 
to  the  City  Clerk,  Auditor  or  Recorder  at  the  time  the  statement  is 
offered  to  him  for  filing,  and  sha;il  be  by  him  paid  into  the  general  fund 
in  the  city  treasury.  The  City  Clerk,  Auditor  or  Recorder  shall  properly 
compile,  edit,  prepare  and  index  said  statements  and  arguments  for 
printing,  and  if  there  shall  be  any  municipal  measures  to  be  voted  upon 
at  the  ensuing  municipal  election  he  may  bind  in  with  said  pamphlet  a 
copy  of  each  and  of  the  arguments  submitted  thereon  in  like  manner  as 
the  Secretary  of  State  is  required  to  do  in  state  elections,  and  shall 
cause  the  same  to  be  printed  in  the  same  manner  that  other  city  print- 
ing is  done,  and  have  them  all  bound  under  one  cover;  and  he  shall,  at 
least  eight  days  before  the  regular  nominating  election,  forward  a  copy 
of  said  pamphlet  with  postage  fully  prepaid,  to  each  voter  in  the  city 
whose  postoffice  address  he  may  have  or  can  obtain  from  the  city  direc- 
tory, registration  books  or  otherwise.  The  provisions  of  this  section 
shall  not  apply  to  cities  of  less  than  ten  thousand  inhabitants,  as  shown 
by  the  census  next  preceding  such  municipal  election.  The  provisions  of 
the  preceding  sections  for  statements  opposing  candidates  shall  apply 
also  to  municipal  elections,  under  this  section,  subject  to  the  same  rules 
of  filing,  payments,  etc.,  required  of  candidates'  statements  by  this 
section. 

Section  10.  Terms  used  in  this  act  shall  be  construed  as  follows, 
unless  other  meaning  is  clearly  apparent  from  the  language  or  context, 
or  unless  such  construction  is  inconsistent  with  the  manifest  intent  of 
the  law: 

"Persons"  shall  apply  to  any  individual,  male  or  female,  and,  where 
consistent  with  collective  capacity,  to  any  committee,  firm,  partnership, 
club,  organization,  association,  corporation,  or  other  combination  of 
individuals. 

"Candidate"  shall  apply  to  any  person  whose  name  is  printed  on 
an  official  ballot  for  public  office,  or  whose  name  is  expected  to  be  or  has 
been  presented  for  public  office,  with  his  consent,  for  nomination  or 
election. 

"Political  agent"  shall  apply  to  any  person  who,  upon  request  or 
under  agreement,  receives  or  disburses  money  in  behalf  of  a  candidate. 

"Political  committee"  shall  apply  to  every  combination  of  two  or 
more  persons  who  shall  aid  or  promote  the  success  or  defeat  of  a  candi- 
date, or  a  political  party  or  principle,  and  the  provisions  of  law  relating 
thereto  shall  apply  to  any  firm  or  partnership,  to  any  corporation,  and 
to  any  club,  organization,  association,  or  other  combination  of  persons. 


82  Pamphlet  Containing  Measures  to  be 


whether   incorporated   or  not,    with   similar   purposes,    whether   primary 
or  incidental. 

"Public  office"  shall  apply  to  any  national,  state,  county  or  city 
office  to  which  a  salary  attaches  and  which  is  filled  by  the  voters,  as  well 
as  to  the  office  of  presidential  elector,-  United  States  Senator,  or  pre- 
siding officer  of  either  branch  of  the  Legislature. 

"Give,"  "provide,"  "expend,"  "contribute,"  receive,"  "ask,"  "solicit," 
and  like  terms,  with  their  corresponding  nouns,  shall  apply  to  money, 
its  equivalent,  or  any  other  valuable  thing;  shall  include  the  promise, 
advance,  deposit,  borrowing,  or  loan  thereof,  and  shall  cover  all  or  any 
part  of  a  transaction,  whether  it  be  made  directly  or  indirectly. 

None  of  the  provisions  of  this  act  shall  be  construed  as  relating  to 
the  rendering  of  services  by  speakers,  writers,  publishers,  or  others,  for 
which  no  compensation  is  asked  or  given;  nor  to  prohibit  expenditure 
by  committees  of  political  parties  or  organizations  for  public  speakers, 
music,  halls,  lights,  literature,  advertising,  office  rent,  printing,  postage, 
clerk  hire,  challengers  or  watchers  at  the  polls,  traveling  expenses,  tele- 
graphing or  telephoning,  or  the  making  of  poll  lists. 

Section  11.  Every  candidate  for  nomination  or  election  to  public 
office,  including  candidates  for  the  office  of  Senator  of  the  United  States, 
shall,  within  fifteen  days  after  the  election  at  which  he  was  a  candidate, 
file  with  the  Secretary  of  State,  if  a  candidate  for  Senator  of  the  United 
States,  Representative  in  Congress,  or  for  any  state  or  district  office  in  a 
district  composed  of  one  or  more  counties,  or  for  members  of  the  Legis- 
lative Assembly  from  a  district  composed  of  more  than  one  county,  but 
with  the  County  Clerk  for  legislative  districts  composed  of  not  more  than 
one  county,  and  for  county  and  precinct  offices,  and  with  the  Town  Clerk, 
Auditor  or  Recorder,  of  the  town  or  city  in  which  he  resides  if  he  was  a 
candidate  for  a  town,  city  or  ward  office,  an  itemized  sworn  statement 
.setting  forth  in  detail  all  the  moneys  contributed,  expended  or  promised 
by  him  to  aid  and  promote  his  nomination  or  election,  or  both,  as  the 
case  may  be,  and  for  the  election  of  his  party  candidates,  and  all  existing 
unfulfilled  promises  of  every  character^  and  all  liabilities  remaining  un- 
canceled and  in  force  at  the  time  such  statement  is  made,  whether  sucn 
expenditures,  promises  and  liabilities  were  made  or  incurred  before,  dur- 
ing or  after  such  election.  If  no  money  or  other  valuable  thing  was 
given,  paid,  expended,  contributed,  or  promised,  and  no  unfulfilled  lia- 
bilities were  incurred  by  a  candidate  for  public  office  to  aid  or  promote 
his  nomination  or  election,  or  the  election  of  his  party  candidates,  he 
shall  file  a  statement  to  that  effect  within  fifteen  days  after  the  election 
at  which  he  was  a  candidate.  Any  candidate  who  shall  fail  to  file  such 
a  statement  shall  be  fined  twenty-five  dollars  for  every  day  on  which  he 
was  in  default,  unless  he  shall  be  excused  by  the  court.  Fifteen  days 
after  any  such  election  the  Secretary  of  State,  or  County  Clerk,  Town 
Clerk,  Auditor  or  Recorder,  as  the  case  may  be,  shall  notify  Ihe  District 
Attorney  of  any  failure  to  file  such  a  statement  on  the  part  of  any  can- 


Submitted  to  Voters  of  Oregon  June  1,  1908         83 


didate,  and  within  ten  days  thereafter  such  prosecuting  officer  shall  pro- 
ceed to  prosecute  said  candidate  for  such  offense. 

Section  12.  Every  political  committee  shall  have  a  treasurer,  who 
is  a  voter,  and  shall  cause  him  to  keep  detailed  accounts  of  all  its  re- 
ceipts, payments  and  liabilities.  Similar  accounts  shall  be  kept  by  every 
person,  who  in  the  aggregate  receives  or  expends  money  or  incurs  lia- 
bilities to  the  amount  of  more  than  fifty  dollars  for  political  purposes  and 
by  every  political  agent  and  candidate.  Such  accounts  shall  cover  all 
transactions  in  any  way  affecting  or  connected  with  the  political  canvass, 
campaign,  nomination  or  election  concerned.  Every  person  receiving  or 
expending  money  or  incurring  liability  by  authority  or  in  behalf  of  or  to 
promote  the  success  or  defeat  of  such  committee,  agent,  candidate  or 
other  person  or  political  party  or  organization,  shall,  on  demand,  and 
in  any  event  within  fourteen  days  after  such  receipt,  expenditure  or 
incurrence  of  liability,  give  such  treasurer,  agent,  candidate  or  other 
person  on  whose  behalf  such  expense  or  liability  was  incurred  detailed 
account  thereof,  with  proper  vouchers.  Every  payment,  except  payments 
less  in  the  aggregate  than  five  dollars  to  any  person,  shall  be  vouched 
for  by  a  receipted  bill  stating  the  particulars  of  expense.  Every  voucher, 
receipt  and  account  hereby  required  shall  be  a  part  of  the  accounts  and 
files  of  such  treasurer,  agent,  candidate  or  other  person,  and  shall  be 
preserved  by  the  public  officer  with  whom  it  shall  be  filed  for  six  months 
after  the  election  to  which  it  refers.  Any  person  not  a  candidate  for 
any  office  or  nomination  who  expends  money  or  value  to  an  amount 
greater  than  fifty  dollars  in  any  campaign  for  nomination  or  election, 
to  aid  in  the  election  or  defeat  of  any  candidate  or  candidates,  or  party 
ticket,  or  measure  before  the  people,  shall  within  ten  days  after  the  elec- 
tion in  which  said  money  or  value  was  expended,  file  with  the  Secretary 
of  State  in  the  case  of  a  measure  voted  upon  by  the  people,  or  of  state 
or  district  offices  for  districts  composed  of  one  or  more  counties,  or 
with  the  County  Clerk  for  county  offices,  and  with  the  City  Clerk, 
Auditor  or  Recorder  for  municipal  offices,  an  itemized  statement  of 
such  receipts  and  expenditures  and  vouchers  for  every  sum  paid  in 
excess  of  five  dollars,  and  shall  at  the  same  time  deliver  to  the  candi- 
date or  treasurer  of  the  political  organization  whose  success  or  defeat 
he  has  sought  to  promote,  a  duplicate  of  such  statement  and  a  copy  of 
such  vouchers.  The  books  of  account  of  every  treasurer  of  any  political 
party,  committee  or  organization,  during  an  election  campaign,  shall  be 
open  at  all  reasonable  office  hours  to  the  inspection  of  the  treasurer  and 
chairman  of  any  opposing  political  party  or  organization  for  the  same 
electoral  district;  and  this  right  of  inspection  may  be  enforced  by  writ 
of  mandamus  by  any  court  of  competent  jurisdiction. 

Section  13.  The  Secretary  of  State  shall,  at  the  expense  of  the 
state,  furnish  to  the  County  Clerk,  and  to  the  City  and  Town  Clerks, 
Auditors  and  Recorders,  copies  of  this  act  as  a  part  of  the  election  laws. 
In  the  filing  of  a  nomination  petition  or  certificate  of  nomination,  the 
Secretary  of  State,  in  the  case  of  state  and  district  offices  for  districts 


84  Pamphlet  Containing  Measures  to  be 


composed  of  one  or  more  counties,  and  County  Clerks  for  county  offices, 
and  the  City  and  Town  Clerks,  Auditors  or  Recorders  for  municipal 
offices,  shall  transmit  to  the  several  candidates,  and  to  the  treasurers  of 
political  committees,  and  to  political  agents,  as  far  as  they  may  be 
known  to  such  officer,  copies  of  this  act,  and  also  to  any  other  person 
required  to  file  a  statement  such  copies  shall  be  furnished  upon  applica- 
tion therefor.  Upon  his  own  information,  or  at  the  written  request  of 
any  voter,  said  Secretary  of  State  shall  transmit  to  any  other  person  be- 
lieved by  him  or  averred  to  be  a  candidate,  or  who  may  otherwise  be 
required  to  make  a  statement,  a  copy  of  this  act. 

Section  14.  The  several  officei's  with  whom  statements  are  required 
to  be  filed  shall  inspect  all  statements  of  accounts  and  expenses  relating 
to  nominations  and  elections  filed  with  them  within  ten  days  after  the 
same  are  filed;  and  if  upon  examination  of  the  official  ballot  it  appears 
that  any  person  has  failed  to  file  a  statement  as  required  by  law,  or  if  it 
appears  to  any  such  officer  that  the  statement  filed  with  him  does  not 
conform  to  law,  or  upon  complaint  in  writing  by  a  candidate  or  by  a 
voter  that  a  statement  filed  does  not  conform  to  law  or  to  the  truth,  or 
that  any  person  has  failed  to  file  a  statement  which  he  is  by  law  required 
to  file,  said  officer  shall  forthwith  in  writing  notify  the  delinquent  per- 
son. Every  such  complaint  filed  by  a  citizen  or  candidate  shall  state  in 
detail  the  grounds  of  objection,  shall  be  sworn  to  by  the  complainant, 
and  shall  be  filed  with  the  officer  within  sixty  days  after  the  filing  of  the 
statement  or  amended  statement.  Upon  the  written  request  of  a  candi- 
date or  any  voter,  filed  within  sixteen  days  after  any  convention,  primary 
or  nominating  election,  said  Secretary  of  State,  County  Clerk,  City  or 
Town  Clerk,  Auditor  or  Recorder,  as  the  case  may  be,  shall  demand  from 
any  specified  person  or  candidate  a  statement  of  all  his  receipts,  aiid 
from  whom  received,  disbursements  and  liabilities  in  connection  with  or 
in  any  way  relating  to  the  nomination  or  election  concerned,  whether  it 
is  an  office  to  which  a  salary  or  compensation  is  attached  or  not,  and  said 
person  shall  thereupon  be  required  to  file  such  statement  and  to  comply 
with  all  the  provisions  relating  to  statements  herein  contained.  Who- 
ever makes  a  statement  required  by  this  act  shall  make  oath  attached 
thereto  that  it  is  in  all  respects  correct,  complete,  and  true,  to  the  best 
of  his  knowledge  and  belief,  and  said  verification  shall  be  substantially 
the  form  herein  provided. 

Section  1.5.  Upon  the  failure  of  any  person  to  file  a  statement 
within  ten  days  after  receiving  notice  under  the  preceding  section,  or  if 
any  statement  filed  as  above  discloses  any  violation  of  any  provision  of 
this  act  relating  to  corrupt  practices  in  elections,  or  in  any  other  pro- 
vision of  the  election  laws,  the  Secretary  of  State,  the  County  Clerk,  or 
the  City  Clerk,  Auditor  or  Recorder,  as  the  case  may  be,  shall  forthwith 
notify  the  District  Attorney  of  the  district  where  said  violation  occurred 
and  shall  furnish  him  with  copies  of  all  papers  relating  thereto,  and  said 
District  Attorney  shall  within  sixty  days  thereafter  examine  evpry  such 
case,  and  if  the  evidence  seeiqs  to  him  to  be  sufficient  undpr  the   pro 


Submitted  to  Voters  of  Oregon  June  1,  1908         85 

visions  of  this  act  he  shall  in  the  name  of  the  state  forthwith  institute 
such  civil  or  criminal  proceedings  as  may  be  appropriate  to  the  facts. 

Section  16.  The  circuit  court  of  the  county  in  which  any  state- 
ment of  accounts  and  expenses  relating  to  nominations  and  elections 
should  be  filed,  unless  herein  otherwise  provided,  shall  have  exclusive 
original  jurisdiction  of  all  violations  of  this  act,  and  may  compel  any  per- 
son who  fails  to  file  such  a  statement  as  required  by  this  act,  or  who 
files  a  statement  which  does  not  conform  to  the  provisions  of  this  act  in 
respect  to  its  truth,  sufficiency  in  detail  or  otherwise,  to  file  a  sufficient 
statement,  upon  the  application  of  the  Attorney-General  or  of  the  Dis- 
trict Attorney,  or  the  petition  of  a  candidate  or  of  any  voter.  Such  peti- 
tion shall  be  filed  in  the  circuit  court  within  sixty  days  after  such  elec- 
tion if  the  statement  was  filed  within  the  fifteen  days  required,  but  such 
a  petition  may  be  filed  within  thirty  days  after  any  payment  not  in- 
cluded in  the  statement  so  filed. 

Section  17.  All  statements  shall  be  preserved  for  six  months  after 
the  election  to  which  they  relate,  shall  be  public  records  subject  to 
public  inspection,  and  it  shall  be  the  duty  of  the  officers  having  custody 
of  the  same  to  give  certified  copies  thereof  in  like  manner  as  of  other 
public  records.  The  totals  of  *ach  statement  filed  with  him,  with  the 
name  of  the  person  or  candidate  filing  it,  shall  be  published  in  the  next 
annual  report  of  the  Secretary  of  State,  the  County  Clerk  or  the  City 
Clerk,  Auditor  or  Recorder,  as  the  case  may  be. 

Section  18.  No  person  shall  make  a  payment  of  his  own  money  or 
of  another  person's  money  to  any  other  person  in  connection  with  a  nomi- 
nation or  election  in  any  other  name  than  that  of  the  person  who  in  truth 
supplies  such  money;  nor  shall  any  person  knowingly  receive  such  pay- 
ment, or  enter  or  cause  the  same  to  be  entered  in  his  accounts  or  records 
In  another  name  than  that  of  the  person  by  whom  it  was  actually  fur- 
nished; provided,  if  the  money  be  received  from  the  treasurer  of  any 
political  organization  it  shall  be  sufficient  to  enter  the  same  as  received 
from  said  treasurer. 

Section  19.  No  person  shall,  in  order  to  aid  or  promote  his  nomi- 
nation or  election,  directly  or  indirectly,  himself  or  through  any  otheir 
person,  promise  to  appoint  another  person,  or  promise  to  secure  or  aid 
in  securing  the  appointment,  nomination  or  election  of  another  person 
to  any  public  or  private  position  or  employment,  or  to  any  position  of 
honor,  trust  or  emolument,  except  that  he  may  publicly  announce  or  de- 
fine what  is  his  choice  or  purpose  in  relation  to  any  election  in  which  he 
may  be  called  to  take  part,  if  elected,  and  if  he  is  a  candidate  for  nomi- 
nation or  election  as  a  member  of  the  Legislative  Assembly  he  may 
pledge  himself  to  vote  for  the  people's  choice  for  United  States  Senator, 
or  state  what  his  action  will  be  on  such  vote. 

Section  20.  No  holder  of  a  public  position  or  office  other  than  an 
office  filled  by  the  voters,  shall  pay  or  contribute  to  aid  or  promote  the 
nomination  or  election  of  any  other  person  to  public  office.     No  person 


86  Pamphlet  Containing  Measures  to  be 


shall  invite,  demand  or  accept  payment  or  contribution  from  such  holder 
of  a  public  position  or  office  for  campaign  purposes. 

'Section  21.  No  holder  of  a  public  position  other  than  an  office  filled 
by  the  voters  shall  be  a  delegate  to  a  convention  for  the  election  district 
that  elects  the  officer  or  board  under  whom  he  directly  or  indirectly 
holds  such  position,  nor  shall  he  be  a  member  of  a  political  committee 
for  such  district. 

Section  22.  No  person  shall  invite,  offer  or  effect  the  transfer  of 
any  convention  credential  in  return  for  any  payment  of  money  or  other 
valuable  thing. 

Section  23.  No  person  shall  pay,  or  promise  to  reward  another  in 
any  manner  or  form  for  the  purpose  of  inducing  him  to  be  or  refrain 
from  or  cease  being  a  candidate,  and  no  person  shall  solicit  any  payment, 
promise  or  reward  from  another  for  such  purpose. 

Section  24.  No  person  shall  demand,  solicit,  ask  or  invite  any  pay- 
ment or  contribution  for  any  religious,  political,  charitable  or  other 
cause  or  organization  supposed  to  be  primarily  or  principally  for  the 
public  good,  from  a  person  who  seeks  to  be  or  has  been  nominated  or 
elected  to  any  office;  and  no  such  candidate  or  elected  person  shall  make 
any  such  payment  or  contribution  if  it  shall  be  demanded  or  asked  dur- 
ing the  time  he  is  a  candidate  for  nomination  or  election  to  or  an  incum- 
bent of  any  office.  No  payment  or  contribution  for  any  purpose  shall  be 
made  a  condition  precedent  to  the  putting  of  a  name  on  any  caucus  or 
convention  ballot  or  nomination  paper  or  petition,  or  to  the  performance 
of  any  duty  imposed  by  law  on  a  political  committee.  No  person  shall 
demand,  solicit,  ask  or  invite  any  candidate  to  subscribe  to  the  support 
of  any  club  or  organization,  to  buy  tickets  to  any  entertainment  or  ball, 
or  to  subscribe  for  or  pay  for  space  in  any  book,  program,  periodical  or 
other  publication;  if  any  candidate  shall  make  any  such  payment  or 
contribution  with  apparent  hope  or  intent  to  influence  the  result  of  the 
election,  he  shall  be  guilty  of  a  corrupt  practice;  but  this  section  shall 
not  apply  to  the  soliciting  of  any  business  advertisement  for  insertion 
in  a  periodical  in  which  such  candidate  was  regularly  advertising  prior 
to  his  candidacy  nor  to  ordinary  business  advertising  nor  to  his  regular 
payment  to  any  organization,  religious,  charitable  or  otherwise  of  which 
he  may  have  been  a  member,  or  to  which  he  may  have  been  a  contrib- 
utor, for  more  than  six  months  before  his  candidacy  nor  to  ordinary 
contributions  at  church  services. 

Section  25.  No  corporation,  and  no  person,  trustee,  or  trustees 
owning  or  holding  the  majority  of  the  stock  of  a  corporation  carrying 
on  the  business  of  a  bank,  savings  bank,  co-operative  bank,  trust,  trustee, 
surety,  indemnity,  safe  deposit.  Insurance,  railroad,  street  railway,  tele- 
graph, telephone,  gas,  electric  light,  heat,  power,  canal,  aqueduct; 
water,  cemetery,  or  crematory  company,  or  any  company  having  the  right 
to  take  or  condemn  land  or  to  exercise  franchises  in  public  ways  granted 
by  the  state  or  by  any  county,  city  or  town  shall  pay  or  contribute  in 
order  to  aid,  promote  or  prevent  the  nomination  or  election  of  any  per- 


Submitted  to  Voters  of  Oregon  June  1, 1908         87 

son,  or  in  order  to  aid  or  promote  the  interests,  success  or  defeat  of  any 
political  party  or  organization.  No  person  shall  solicit  or  receive  such 
payment  or  contribution  from  such  coi-poration  or  such  holders  of  a 
majority  of  such  stock. 

Section  26.  Any  person  or  candidate  who  shall  either  by  himself 
or  by  any  other  person,  either  before  or  after  an  election,  or  while  such 
person  or  candidate  is  seeking  a  nomination  or  election,  directly  or  in- 
directly, give  or  provide,  or  pay,  wholly  or  in  part,  the  expenses  of  giving 
or  providing  any  meat  or  drink  or  other  entertainment  or  provision, 
clothing,  liquors,  cigars  or  tobacco,  to  or  for  any  person  for  the  purpose 
of  or  with  intent  or  hope  to  influence  that  person  or  any  other  person 
to  give  or  refrain  from  giving  his  vote  at  such  election  to  or  for  any 
candidate  or  political  party  ticket,  or  measure  before  the  people,  or  on 
account  of  such  person  or  any  other  person  having  voted  or  refrained 
from  voting  for  any  candidate  or  the  candidates  of  any  political  party 
or  organization  or  measure  before  the  people,  or  being  about  to  vote  or 
refrain  from  voting  at  such  election,  shall  be  guilty  of  treating.  Every 
elector  who  accepts  or  takes  any  such  meat,  drink,  entertainment,  provi- 
sion, clothing,  liquors,  cigars  or  tobacco,  shall  also  be  guilty  of  treating; 
and  such  acceptance  shall  be  a  ground  of  challenge  to  his  vote  and  of 
rejecting  his  vote  on  a  contest. 

Section  27.  Section  2775  of  Bellinger  and  Cotton's  Annotated 
Codes  and  Statutes  of  Oregon  shall  be  and  the  same  is  hereby  amended 
to  read  as  follows: 

Sec.  2775.  Whenever  any  person's  right  to  vote  shall  be  challenged, 
and  he  has  taken  the  oath  prescribed  by  section  2774,  and  if  it  is  at  a 
nominating  election,  then  with  the  addition  of  the  words  "and  that  I 
am  in  good  faith  a  member  of  the  political  party  with  which  I  am  regis- 
tered" it  shall  be  the  duty  of  the  clerks  of  election  to  write  in  the  poll 
books  at  the  end  of  such  person's  name  the  words  "challenged  and 
sworn,"  with  the  name  of  the  challenger.  Thereupon  the  chairman  of 
the  board  of  judges  shall  write  upon  the  back  of  the  ballot  offered  by 
such  challenged  voter  the  number  of  his  ballot,  in  order  that  the  same 
may  be  identified  in  any  future  contest  of  the  results  of  the  election,  and 
be  cast  out  if  it  shall  appear  to  the  court  to  have  been  for  any  reason 
wrongfully  or  illegally  voted  for  any  candidate  or  on  any  question.  And 
such  marking  of  the  name  of  such  challenged  voter,  nor  the  testimony 
of  any  judge  or  clerk  of  election  in  reference  thereto,  or  in  reference  to 
the  manner  in  which  said  challenged  person  voted,  if  said  testimony 
shall  be  given  in  the  course  of  any  contest,  investigation  or  trial  wherein 
the  legality  of  the  vote  of  such  person  is  questioned  for  any  reason,  shall 
not  be  deemed  a  violation  of  section  2829  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon. 

Section  28.  Every  person  who  shall  directly  or  indirectly,  by  him- 
self or  any  other  person  in  his  behalf,  make  use  of  or  threaten  to  make 
^se  of  any  force,  coercion,  violence,  restraint,  or  undue  influence,  or  in- 


88  Pamphlet  Containing  Measures  to  be 

flict  or  threaten  to  inflict,  by  himself  or  any  other  person,  any  temporal 
or  spiritual  injury,  damage,  harm,  or  loss  upon  or  against  any  person 
in  order  to  induce  or  compel  such  person  to  vote  or  refrain  from  voting 
for  any  candidate  or  the  ticket  of  any  political  party,  or  any  measure 
before  the  people,  or  any  person  who,  being  a  minister,  preacher  or 
priest,  or  any  officer  of  any  church,  religious  or  other  corporation  or  or- 
ganization, otherwise  than  by  public  speech  or  print,  shall  urge,  per- 
suade or  command  any  voter  to  vote  or  refrain  from  voting  for  or 
against  any  candidate  or  political  party  ticket  or  measure  submitted  to 
the  people,  for  or  on  account  of  his  religious  duty,  or  the  interest  of  any 
corporation,  church  or  other  organization,  or  who  shall  by  abduction, 
duress  or  any  fraudulent  contrivance,  impede  or  prevent  the  free  exer- 
cise of  the  franchise  by  any  voter  at  any  election,  or  shall  thereby  com- 
pel, induce  or  prevail  upon  any  elector  to  give  or  to  refrain  from  giving 
his  vote  at  any  election,  shall  be  guilty  of  undue  influence,  and  shall  be 
punished  as  for  a  corrupt  practice. 

Section  29.  Any  candidate  who,  before  or  during  any  election  cam- 
paign, makes  any  bet  or  wager  of  anything  of  pecuniary  value,  or  in  any 
manner  becomes  a  party  to  any  such  bet  or  wager  on  the  result  of  the 
election  in  his  electoral  district,  or  in  any  part  thereof,  or  on  any  event 
or  contingency  relating  to  any  pending  election,  or  who  provides  money 
or  other  valuable  to  be  used  by  any  person  in  betting  or  wagering  upon 
the  results  of  any  impending  election,  shall  be  guilty  of  a  corrupt  prac- 
tice. Any  person  who,  for  the  purpose  of  influencing  the  result  of  any 
election  makes  any  bet  or  wager  of  anything  of  pecuniary  value  on  the 
result  of  such  election  in  his  electoral  district  or  any  part  thereof,  or 
of  any  pending  election,  or  on  any  event  or  contingency  relating  thereto 
shall  be  guilty  of  a  corrupt  practice,  and  in  addition  thereto  any  such  act 
shall  be  a  ground  of  challenge  against  his  right  to  vote. 

Section  30.  Any  person  shall  be  deemed  to  be  guilty  of  the  offense 
of  personation  who,  at  any  election,  applies  for  a  ballot  in  the  name  of 
some  other  person,  whether  it  be  that  of  a  person  living  or  dead,  or  of 
a  fictitious  person,  or  who  having  voted  once  at  an  election  applies  at 
the  same  election  for  a  ballot  in  his  own  name;  and  on  conviction  thereof 
such  person  shall  be  punished  by  imprisonment  in  the  penitentiary  at 
hard  labor  for  not  less  than  one  nor  more  than  three  years. 

Section  31.  Any  person  shall  be  guilty  of  a  corrupt  practice  within 
the  meaning  of  this  act  if  he  expends  any  money  for  election  purposes 
contrary  to  the  provisions  of  any  statute  of  this  state,  or  if  he  is  guilty 
of  treating,  undue  influence,  personation,  the  giving  or  promising  to 
give,  or  offer  of  any  money  or  valuable  thing  to  any  elector  with  Intent 
to  induce  such  elector  to  vote  for  or  to  refrain  from  voting  for  any  can- 
didate for  public  office,  or  the  ticket  of  any  political  party  or  organiza- 
tion, or  any  measure  submitted  to  the  people,  at  any  election,  or  to  regis- 
ter or  refrain  from  registering  as  a  voter  at  any  state,  district,  county, 
city,  town,  village   or   school   district   election   for   public   offices   or   on 


Submitted  to  Voters  of  Oregon  June  1,  1908         89 


public  measures.  Such  corrupt  practice  shall  be  deemed  to  be  prevalent 
when  instances  thereof  occur  in  different  election  districts  similar  in 
character  and  sufficient  in  number  to  convince  the  court  before  which 
any  case  involving  the  same  may  be  tried  that  they  were  general  and 
common,  or  were  pursuant  to  a  general  scheme  or  plan. 

Section  32.  It  shall  be  unlawful  for  any  person  to  pay  another  for 
any  loss  or  damage  due  to  attendance  at  the  polls,  or  in  registering,  or 
for  the  expense  of  transportation  to  or  from  the  polls.  No  person  shall 
pay  for  personal  service  to  be  performed  on  the  day  of  a  caucus,  primary, 
convention,  or  any  election,  for  any  purpose  connected  therewith,  tending 
in  any  way,  directly  or  indirectly,  to  affect  the  result  thereof,  except  for 
the  hiring  of  persons  whose  sole  duty  is  to  act  as  challengers  and  watch 
the  count  of  official  ballots.  No  person  shall  buy,  sell,  give  or  provide 
any  political  badge,  button  or  other  insignia  to  be  worn  at  or  about  the 
polls  on  the  day  of  any  election,  and  no  such  political  badge,  button  or 
other  insignia  shall  be  worn  at  or  about  the  polls  on  any  election  day. 

Section  33.  No  publisher  of  a  newspaper  or  other  periodical  shall 
insert,  either  in  its  advertising  or  reading  columns,  any  paid  matter 
which  is  designed  or  tends  to  aid,  injure  or  defeat  any  candidate  or  po- 
litical party  or  organization,  or  measure  before  the  people,  unless  it  is 
stated  therein  that  it  is  a  paid  advertisement,  the  name  of  the  chairman 
or  secretary,  or  the  names  of  the  other  officers  of  the  political  or  other 
organization  inserting  the  same,  or  the  name  of  some  voter  who  is  re- 
sponsible therefor,  with  his  residence  and  the  street  and  number  thereof, 
if  any,  appear  in  such  advertisement  in  the  nature  of  a  signature.  No 
person  shall  pay  the  owner,  editor,  publisher  or  agent  of  any  newspaper 
or  other  periodical  to  induce  him  to  editorially  advocate  or  oppose  any 
candidate  for  nomination  or  election,  and  no  such  owner,  editor,  pub- 
lisher or  agent  shall  accept  such  payment.  Any  person  who  shall  violate 
any  of  the  provisions  of  this  section  shall  be  punished  as  for  a  corrupt 
practice. 

Section  34.  It  shall  be  unlawful  for  any  person  at  any  place  on 
the  day  of  any  election  to  ask,  solicit,  or  in  any  manner  try  to  induce 
or  persuade  any  voter  on  such  election  day  to  vote  for  or  refrain  from 
voting  for  any  candidate,  or  the  candidates  or  ticket  of  any  political 
party  or  organization,  or  any  measure  submitted  to  the  people,  and  upon 
conviction  thereof  he  shall  be  punished  by  fine  of  not  less  than  five  dol- 
lars nor  more  than  one  hundred  dollars  for  the  first  offense,  and  for  the 
second  and  each  subsequent  offense  occurring  on  the  same  or  different 
election  days,  he  shall  be  punished  by  fine  as  aforesaid,  or  by  imprison- 
ment in  the  county  jail  for  not  less  than  five  nor  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment. 

Section  35.  It  shall  be  unlawful  to  write,  print,  or  circulate  through 
the  mails  or  otherwise  any  letter,  circular,  bill,  placard  or  poster  relating 
to  any  election  or  to  any  candidate  at  any  election,  unless  the  same  shall 
bear  on  its  face  the  name  and  address  of  the  author,  and  of  the  printer 


90  Pamphlet  Containing  Measures  to  be 


and  publisher  thereof;  and  any  person  writing,  printing,  publishing,  cir- 
culating, posting,  or  causing  to  be  written,  printed,  circulated,  posted  or 
published  any  such  letter,  bill,  placard,  circular  or  poster  as  aforesaid, 
which  fails  to  bear  on  its  face  the  name  and  address  of  the  author  and 
of  the  printer  or  publisher,  shall  be  guilty  of  an  illegal  practice,  and 
shall,  on  conviction  thereof,  be  punished  by  fine  of  not  less  than  ten 
dollars  nor  more  than  one  thousand  dollars.  If  any  letter,  circular, 
poster,  bill,  publication  or  placard  shall  contain  any  false  statement  or 
charges  reflecting  on  any  candidate's  character,  morality  or  integrity, 
the  author  thereof  and  every  person  printing  or  knowingly  assisting  in 
the  circulation  thereof  shall  be  guilty  of  political  criminal  libel  and  upon 
conviction  thereof  shall  be  punished  by  imprisonment  in  the  peniten- 
tiary for  not  less  than  one  nor  more  than  three  years.  If  the  person 
charged  with  such  crime  shall  prove  on  his  trial  that  he  had  reasonable 
ground  to  believe  such  charge  was  true  and  did  believe  it  was  true,  and 
that  he  was  not  actuated  by  malice  in  making  such  publication,  it  shall 
be  a  sufficient  defense  to  such  charge.  But  in  that  event,  and  as  a  part 
of  such  defense,  the  author  and  the  printer  or  publisher  or  other  person 
charged  with  such  crime  shall  also  prove  that,  at  least  fifteen  days  before 
such  letter,  circular,  poster,  bill  or  placard  containing  such  false  state- 
ment or  statements  was  printed  or  circulated,  he  or  they  caused  to  be 
served  personally  and  in  person  upon  the  candidate  to  whom  it  relates  a 
copy  thereof  in  writing,  and  calling  his  attention  particularly  to  the 
charges  contained  therein,  and  that,  before  printing,  publishing  or  cir- 
culating such  charges,  he  received  and  read  any  denial,  defense  or  ex- 
planation, if  any,  made  or  offered  to  him  in  writing  by  the  accused  can- 
didate within  ten  days  after  the  service  of  such  charge  upon  the  accused 
person. 

Section  36.  The  name  of  a  candidate  chosen  at  a  primary  nomi- 
nating election  or  otherwise,  shall  not  be  printed  on  the  official  ballot 
for  the  ensuing  election  unless  there  has  been  filed  by  or  ou  behalf  of 
said  candidate  the  statements  of  accounts  and  expenses  relating  to  nomi- 
nations required  by  this  act,  as  well  as  a  statement  by  his  political  agent 
and  by  his  political  committee  or  committees  in  his  behalf,  if  his  state- 
ment discloses  the  existence  of  such  agent,  committee  or  committees. 
The  officer  or  board  entrusted  by  law  with  the  preparation  of  the  official 
ballots  for  any  election  shall,  as  far  as  practicable,  warn  candidates  of 
the  danger  of  the  omission  of  their  names  by  reason  of  this  provision, 
but  delay  in  making  any  such  statement  beyond  the  time  prescribed  shall 
not  preclude  its  acceptance  or  prevent  the  insertion  of  the  name  on  the 
ballot  if  there  is  reasonable  time  therefor  after  the  receipt  of  such  state- 
ments. Any  such  vacancy  on  the  ballot  shall  be  filled  by  the  proper  com- 
mittee of  his  political  party  in  the  manner  authorized  by  law,  but  not  by 
the  use  of  the  name  of  the  candidate  who  failed  to  file  such  statements. 
No  person  shall  receive  a  certificate  of  election  until  he  shall  have  filed 
the  statements  required  by  this  act. 


Submitted  to  Voters  of  Oregon  June  1,  1908    91 

Section  37.  It  shall  be  unlawful  for  any  person  to  accept,  receive; 
or  pay  money  or  any  valuable  consideration  for  becoming  or  for  refrain- 
ing from  becoming  a  candidate  for  nomination  or  election,  or  by  him- 
self or  in  combination  with  any  other  person  or  persons  to  become  a  can- 
didate for  the  purpose  of  defeating  the  nomination  or  election  of  any 
other  person  and  not  with  a  bona  fide  intent  to  obtain  the  office.  Upon 
complaint  made  to  any  circuit  court,  if  the  judge  shall  be  convinced  that 
any  person  has  sought  the  nomination  or  seeks  to  have  his  name  pre- 
sented to  the  voters  as  a  candidate  for  nomination  by  any  political  party 
for  any  mercenary  or  venal  consideration  or  motive,  and  that  his  candi- 
dacy for  the  nomination  is  not  in  good  faith,  the  judge  shall  forthwith 
issue  his  writ  of  injunction  restraining  the  officer  or  officers  whose  duty 
it  is  to  prepare  the  official  ballots  for  such  nominating  election  from 
placing  the  name  of  such  person  thereon  as  a  candidate  for  nomination 
to  any  office.  In  addition  thereto  the  court  shall  direct  the  District 
Attorney  to  institute  criminal  proceedings  against  such  person  or  per- 
sons for  corrupt  practice,  and  upon  conviction  thereof  he  and  any  person 
or  persons  combining  with  him  shall  be  punished  by  a  fine  of  not  more 
than  one  thousand  dollars,  or  imprisonment  in  the  county  jail  for  not 
more  than  one  year. 

Section  38.  Where,  upon  the  trial  of  any  action  or  proceeding  un- 
der the  provisions  of  this  act  for  the  contest  of  the  right  of  any  person 
declared  nominated  or  elected  to  any  office,  or  to  annul  or  set  aside  such 
nomination  or  election,  or  to  remove  a  person  from  his  office,  it  appears 
from  the  evidence  that  the  offense  complained  of  was  not  committed  by 
the  candidate,  or  with  his  knowledge  or  consent,  or  was  committed  with- 
out his  sanction  or  connivance,  and  that  all  reasonable  means  for  pre- 
venting the  commission  of  such  offense  at  such  election  were  taken  by 
and  on  behalf  of  the  candidate,  or  that  the  offense  or  offenses  complained 
of  were  trivial,  unimportant  and  limited  in  character,  and  that  In  all 
other  respects  his  participation  in  the  election  was  free  from  such 
offenses  or  illegal  acts,  or  that  any  act  or  omission  of  the  candidate 
arose  from  inadvertence  or  from  accidental  miscalculation,  or  from  some 
other  reasonable  cause  of  a  like  nature  and  in  any  case  did  not  arise 
from  any  want  of  good  faith,  and  under  the  circumstances  it  seems  to 
the  court  to  be  unjust  that  the  said  candidate  shall  forfeit  his  nomination 
or  office  or  be  deprived  of  any  office  of  which  he  is  the  incumbent,  then 
the  nomination  or  election  of  such  candidate  shall  not  by  reason  of  such 
offense  or  omission  complained  of  be  void,  nor  shall  the  candidate  be 
removed  from  or  deprived  of  his  office. 

Section  39.  If,  upon  the  trial  of  any  action  or  proceeding  under  the 
provisions  of  this  act,  for  the  contesting  of  the  right  of  any  person  de- 
clared to  be  nominated  to  an  office,  or  elected  to  an  office,  or  to  annul 
and  set  aside  such  election,  or  to  remove  any  person  from  his  office,  it 
shall  appear  that  such  person  was  guilty  of  any  corrupt  practice,  illegal 
act,  or  undue  influence  in  or  about  such  nomination  or  election,  he  shall 


92  Pamphlet  Containing  Measures  to  be 

be  punished  by  being  deprived  of  the  nomination  or  office,  as  the  case 
may  be,  and  the  vacancy  therein  shall  be  filled  in  the  manner  provided 
by  law.  The  only  exception  to  this  judgment  shall  be  that  provided  in 
section  38  of  this  act.  Such  judgment  shall  not  prevent  the  candidate  or 
officer  from  being  proceeded  against  by  indictment  or  criminal  informa- 
tion for  any  such  act  or  acts. 

Section  40.  Any  action  to  contest  the  right  of  any  person  declared 
elected  to  an  office,  or  to  annul  and  set  aside  such  election,  or  to  remove 
from  or  deprive  any  person  of  an  office  of  which  he  is  the  incumbent,  for 
any  offense  mentioned  in  this  act,  must,  unless  a  different  time  be  stated, 
be  commenced  within  forty  days  after  the  return  day  of  the  election  at 
which  such  offense  was  committed,  unless  the  ground  of  the  action  or 
proceeding  is  for  the  illegal  payment  of  money  or  other  valuable  thing 
subsequent  to  the  filing  of  the  statements  prescribed  by  this  act,  in  which 
case  the  action  or  proceeding  may  be  commenced  within  forty  days  after' 
the  discovery  by  the  complainant  of  such  illegal  payment.  A  contest  of 
the  nomination  or  office  of  Governor  or  Representative  or  Senator  in 
Congress  must  be  commenced  within  twenty  days  after  the  declaration 
of  the  result  of  the  election,  but  this  shall  not  be  construed  to  apply  to 
any  contest  before  the  Legislative  Assembly. 

Section  41.  An  application  for  filing  a  statement,  payment  of  a 
claim  or  correction  of  an  error  or  false  recital  in  a  statement  filed,  or  an 
action  or  proceeding  to  annul  and  set  aside  the  election  of  any  person 
declared  elected  to  an  office,  or  to  remove  or  deprive  any  person  of  his 
office  for  an  offense  mentioned  in  this  act,  or  any  petition  to  excuse  any 
person  or  candidate  in  accordance  with  the  power  of  the  court  to  excuse 
as  provided  in  section  38  of  this  act,  must  be  made  or  filed  in  the 
circuit  court  of  the  county  in  which  the  certificate  of  his  nomination  as 
a  candidate  for  the  office  to  which  he  is  declared  nominated  or  elected  is 
filed  or  in  which  the  incumbent  resides.  ^ 

Section  42.  A  candidate  nominated  or  elected  to  an  office,  and 
whose  nomination  or  election  thereto  has  been  annulled  and  set  aside  for 
any  offense  mentioned  in  this  act,  shall  not,  during  the  period  fixed  by 
law  as  the  term  of  such  office,  be  elected  or  appointed  to  fill  any  office 
or  vacancy  in  any  office  or  position  of  trust,  honor  or  emolument  under 
the  laws  of  the  State  of  Oregon  or  of  any  municipality  therein.  Any 
appointment  or  election  to  any  office  or  position  of  trust,  honor  or 
emolument  made  in  violation  of  or  contrary  to  the  provisions  of  this 
act  shall  be  void. 

Section  43.  If  any  District  Attorney  shall  be  notified  by  any  officer 
or  other  person  of  any  violation  of  any  of  the  provisions  of  this  act 
within  his  jurisdiction,  it  shall  be  his  duty  forthwith  to  diligently  inquire 
into  the  facts  of  such  violation,  and  if  there  is  reasonable  ground  for 
instituting  a  prosecution  it  shall  be  the  duty  of  such  District  Attorney  to 
file  a  complaint  or  information  in  writing,  before  a  court  of  competent 
jurisdiction,  charging  the  accused  person  with  such  offense;   if  any  Dis- 


Submitted  to  Voters  of  Oregon  June  1,  1908    93 

trict  Attorney  shall  fail  or  refuse  to  faithfully  perform  any  duty  imposert 
upon  him  by  this  act,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  forfeit  his  office.  It  shall  be  the  duty  of 
the  District  Attorney,  under  penalty  of  forfeiture  of  his  office,  to  pros- 
ecute any  and  all  persons  guilty  of  any  violation  of  the  provisions  of  this 
act,  the  penalty  of  which  is  fine  or  imprisonment,  or  both,  or  removal 
from  office. 

Section  44.  If,  in  any  case  of  a  contest  on  the  ground  of  illegal 
votes,  it  appears  that  another  person  than  the  one  returned  has  the 
highest  number  of  legal  votes,  after  the  illegal  votes  have  been  elim- 
inated, the  court  must  declare  such  person  nominated  or  elected,  as  the 
case  may  be. 

Section  45.  Any  elector  of  the  state,  or  of  any  political  or  munici- 
pal division  thereof,  may  contest  the  right  of  any  person  to  any  nomi- 
nation or  office  for  which  such  elector  has  the  right  to  vote,  for  any  of 
the  following  causes: 

1.  On  the  ground  of  deliberate,  serious  and  material  violation  of 
any  of  the  provisions  of  this  act,  or  of  any  other  provision  of  the  law 
relating  to  nominations  or  elections. 

2.  When  the  person  whose  right  was  contested  was  not,  at  the 
time  of  the  election,  eligible  to  such  office. 

3.  On  account  of  illegal  votes,  or  an  erroneous  or  fraudulent  count 
or  canvass  of  votes. 

Section  4G.  Nothing  in  the  third  ground  of  contest  specified  in 
section  45  is  to  be  so  construed  as  to  authorize  a  nomination  or  election 
to  be  set  aside  on  account  of  illegal  votes,  unless  it  appear,  either  that 
the  candidate  or  nominee  whose  right  is  contested  had  knowledge  of,  or 
connived  at  such  illegal  votes,  or  that  the  number  of  illegal  votes  given 
to  the  person  whose  right  to  the  nomination  or  office  is  contested,  If 
taken  from  him,  would  reduce  the  number  of  his  legal  votes  below  the 
number  of  votes  given  to  some  other  person  for  the  same  nomination  or 
office,  after  deducting  therefrom  the  illegal  votes  which  may  be  shown 
to  have  been  given  to  such  other  person. 

Section  47.  When  the  reception  of  illegal  votes  is  alleged  as  a 
cause  of  contest,  it  shall  be  sufficient  to  state  generally  that  in  one  or 
more  specified  voting  precincts,  illegal  votes  were  given  to  the  person 
whose  nomination  or  election  is  contested,  which,  if  taken  from  him, 
will  reduce  the  number  of  his  legal  votes  below  the  number  of  legal 
votes  given  to  some  other  person  for  the  same  office;  but  no  testimony 
shall  be  received  of  any  illegal  votes  unless  the  party  contesting  such 
election  deliver  to  the  opposite  party,  at  least  three  days  before  such 
trial,  a  written  list  of  the  number  of  illegal  votes,  and  by  whom  given, 
which  he  intends  to  prove  on  such  trial.  This  provision  shall  not  pre- 
vent the  contestant  from  offering  evidence  of  illegal  votes  not  included  in 
such   statement,  if  he   did  not  know   and  by   reasonable   diligence   was 


94  Pamphlet  Containing  Measures  to  be 


unable  to  learn  of  such  additional  illegal  votes  and  by  whom  they  were 
given,  before  delivering  such  written  list. 

Section  48.  Any  petition  contesting  the  right  of  any  person  to  a 
nomination  or  election  shall  set  forth  the  name  of  every  person  whose 
election  is  contested,  and  the  grounds  of  the  contest,  and  shall  not  there- 
after be  amended,  except  by  leave  of  the  court.  Before  any  proceeding 
thereon  the  petitioner  shall  give  bond  to  the  state  in  such  sum  as  the 
court  may  order,  not  exceeding  two  thousand  dollars,  with  not  less  than 
two  sureties,  who  shall  justify  in  the  manner  required  of  sureties  on 
bail  bonds,  conditioned  to  pay  all  costs,  disbursements  and  attorney's 
fees  that  may  be  awarded  against  him  if  he  shall  not  prevail.  If  the 
petitioner  prevails,  he  may  recover  his  costs,  disbursements  and  reason- 
able attorney's  fees  against  the  contestee.  But  costs,  disbursements  and 
attorney's  fees,  in  all  such  cases,  shall  be  in  the  discretion  of  the  court, 
and  in  case  judgment  is  rendered  against  the  petitioner  it  shall  also 
be  rendered  against  the  sureties  on  the  bond.  On  the  filing  of  any  such 
petition  the  clerk  shall  immediately  notify  the  judge  of  the  court,  and 
issue  a  citation  to  the  persons  whose  nomination  or  office  is  contested, 
citing  them  to  appear  and  answer  not  less  than  three  nor  more  than 
seven  days  after  the  date  of  filing  the  petition,  and  the  court  shall  hear 
said  cauFe,  and  every  such  contest  shall  take  precedence  over  all  other 
business  on  the  court  docket  and  shall  be  tried  and  disposed  of  with  all 
convenient  dispatch.  The  court  shall  always  be  deemed  in  session  for 
the  trial  of  such  cases. 

Section  49.  The  petitioner  (contestant)  and  the  contestee  may 
appear  and  produce  evidence  at  the  hearing,  but  no  person  other  than 
the  petitioner  and  contestee  shall  be  made  a  party  to  the  proceedings  on 
such  petition;  and  no  person  other  than  said  parties  and  their  attorneys 
shall  be  heard  thereon,  except  by  order  of  the  court.  If  more  than 
one  petition  is  pending,  or  the  election  of  more  than  one  person  is^  con- 
tested, the  court  may,  in  its  discretion,  order  the  cases  to  be  heard  to- 
gether, and  may  apportion  the  costs,  disbursements  and  attorney's  fees 
between  them,  and  shall  finally  determine  all  questions  of  law  and  fact, 
save  niily  that  the  judge  may  in  his  discretion  empanel  a  jury  to  decide 
on  questions  of  fact.  In  the  case  of  a  contested  nomination  or  election 
for  Senator  or  Representative  in  the  Legislative  Assembly,  or  for  Sen- 
ator or  Representative  in  Congress,  the  court  shall  forthwith  certify  its 
findings  to  the  Secretary  of  State  to  be  by  him  transmitted  to  the  pre- 
siding officer  of  the  body  in  question.  In  the  case  of  other  nominations 
or  elections,  the  court  shall  forthwith  certify  its  decision  to  the  board 
■or  official  issuing  certificates  of  nomination  or  election,  which  board  or 
official  shall  thereupon  issue  certificates  of  nomination  or  election  to 
the  person  or  persons  entitled  thereto  by  such  decision.  If  judgment  of 
ouster  against  a  defendant  shall  be  rendered,  said  judgment  shall  award 
the  nomination  or  office  to  the  person  receiving  next  the  highest  number 
of  votes,  unless  it  shall  be  further  determined  in  the  action,  upon  appro- 


Submitted  to  Voters  of  Oregon  June  1,  1908         95 

priate  pleading  and  proof  by  the  defendant,  that  some  act  has  been  done 
or  committed  which  would  have  been  ground  in  a  similar  action  against 
such  person,  had  he  received  the  highest  number  of  votes  for  such  nomi- 
nation or  office,  for  a  judgment  of  ouster  against  him;  and  if  it  shall  be 
so  determined  at  the  trial,  the  nomination  or  office  shall  be  by  the  judg- 
ment declared  vacant,  and  shall  thereupon  be  filled  by  a  new  election, 
or  by  appointment,  as  may  be  provided  by  law  regarding  vacancies  in 
such  nomination  or  oifice. 

Section  50.  In  like  manner  as  prescribed  for  the  contesting  of  an 
election,  any  corporation  organized  under  the  laws  of  or  doing  business 
in  the  State  of  Oregon  may  be  brought  into  court  on  the  ground  of  de- 
liberate, serious  and  material  violation  of  the  provisions  of  this  act.  The 
petition  shall  be  filed  in  the  circuit  court  in  the  county  where  said  cor- 
poration has  its  principal  office,  or  where  the  violation  of  law  is  averred 
to  have  been  committed.  The  court,  upon  conviction  of  such  corpora- 
tion, may  impose  a  fine  of  not  more  than  ten  thousand  dollars,  or  may 
declare  a  forfeiture  of  the  charter  and  franchises  of  the  corporation  if 
organized  under  the  laws  of  this  state,  or  if  it  be  a  foreign  corporation 
may  enjoin  said  corporation  from  further  transacting  business  in  this 
state,  or  by  both  such  fine  and  forfeiture,  or  by  both  such  fine  and 
injunction. 

Section  51.  Whoever  violates  any  provision  of  this  act,  the  punish- 
ment for  which  is  not  specially  provided  by  law,  shall  on  conviction 
thereof  be  punished  by  imprisonment  in  the  county  jail  for  not  more 
than  one  year,  or  by  a  fine  of  not  more  than  five  thousand  dollars,  or 
by  both  such  fine  and  imprisonment. 

Section  52.  Proceedings  under  this  act  shall  be  advanced  on  the 
docket  upon  request  of  either  party  for  a  speedy  trial,  but  the  court 
may  postpone  or  continue  such  trial  if  the  ends  of  justice  may  be  thereby 
more  effectually  secured,  and  in  case  of  such  continuance  or  postpone- 
ment the  court  may  impose  costs  in  its  discretion  as  a  condition  thereof. 
No  petition  shall  be  dismissed  without  the  consent  of  the  District  Attor- 
ney, unless  the  same  shall  be  dismissed  by  the  court.  No  person  shall 
be  excused  from  testifying  or  producing  papers  or  documents  on  the 
ground  that  his  testimony  or  the  production  of  papers  or  documents 
will  tend  to  criminate  him;  but  no  admission,  evidence  or  paper  made 
or  advanced  or  produced  by  such  person  shall  be  offered  or  used  against 
him  in  any  civil  or  criminal  prosecution  or  any  evidence  that  is  the 
direct  result  of  such  evidence  or  information  that  he  may  have  so  given 
except  in  a  prosecution  for  perjury  committed  in  such  testimony. 

Section  53.  A  petition  or  complaint  filed  under  the  provisions  of 
this  act  shall  be  sufficient  if  it  is  substantially  in  the  following  form: 


96  Pamphlet  Containing  Measures  to  be 

IN  THE  circuit  COURT  OF  THE  STATE  OF  OREGON, 

For  the  County  of 

A.  B.,  (or  A.  B.  and  C.  D.)  Contestants.  ) 

vs.  'r 

E.  F.,  Contestee.  ) 

The  petition  of  contestant  (or  contestants)  above  named  alleges: 

That  an  election  was  held  (in  the  State,  district,  county  or  city  of 

),  on  the day  of A.  D.  190 ,  for  the 

(nomination  of  a  candidate  for)   (or  election  of  a)   (State  the  office.) 

That , and were  candidates  at  said 

election,  and  the  board  of  canvassers  has  returned  the  said 

as  being  duly  nominated  (or  elected)  at  said  election. 

That  contestant  A.  B.  voted  (or  had  a  right  to  vote,  as  the  case 
may  be)  at  said  election  (or  claims  to  have  had  a  right  to  be  returned 
as  the  nominee  or  officer  elected  or  nominated  at  said  election,  or  was  a 
candidate  at  said  election,  as  the  case  may  be),  And  said  contestant  C.  D. 
(here  state  in  like  manner  the  right  of  each  contestant). 

And  said  contestant  (or  contestants)  further  allege  (here  state  the 
facts  and  grounds  on  which  the  contestants  rely). 

Wherefore,  your  contestants  pray  that  it  may  be  determined  by  the 

court  that  said   was  not  duly  nominated   (or  elected)    and 

that  said  election  was  void  (or  that  the  said  A.  B.  or  C.  D.,  as  the  case 
may  be)  was  duly  nominated  (or  elected)  and  for  such  other  and  further 
relief  as  the  court  may  seem  just  and  legal  in  the  premises. 


Said  complaint  shall  be  verified  by  the  affidavit  of  one  of  the  peti- 
tioners in  the  manner  required  by  law  for  the  verification  of  complaints 
in  civil  cases. 

Section  54.  The  statement  of  expenses  required  from  candidates 
and  others  by  this  act  shall  be  in  substantially  the  following  form: 

STATE  OF  OREGON,  ) 

>-  ss. 
County  of ) 

I,    ,  having  been   a  candidate    (or  expended  money) 

at  the  election   for  the    (State)    (district)    (county)    (city)    of 

on  the day  of  A.  D.  190 being  first  duly 

sworn,  on  oath  do  say:  That  I  have  carefully  examined  and  read  the 
return  of  my  election  expenses  and  receipts  hereto  attached,  and  to  the 
best  of  my  knowledge  and  belief  that  return  is  full,  correct  and  true. 

And  I  further  state  on  oath  that,  except  as  appears  from  this  re- 
turn, I  have  not,  and  to  the  best  of  my  knowledge  and  belief,  no  person, 
nor  any  club,  society  or  association,  has,  on  my  behalf,  whether  author- 
ized by  me  or  not,  made  any  payment,  or  given,  promised,  or  offered 
any  reward,  office,  employment  or  position,  public  or  private,  or  valu- 
able consideration,  or  incurred  any  liability  on  account  of  or  in  respect 
of  the  conduct  or  management  of  the  said  nomination  or  election. 

And  I  further  state  on  oath,  that,  except  as  specified  in  this  return 
I  have  not  paid  any  money,  security,  or  equivalent  for  money,  nor  has 


Submitted  to  Voters  of  Oregon  June  1,  1908         97 


any  money  or  equivalent  for  money  to  my  knowledge  or  belief  been  paid, 
advanced,  given  or  deposited  by  any  one  to  or  in  the  hands  of  myself  or 
any  other  person  for  my  nomination  or  election  for  the  purpose  of 
paying  any  expenses  incurred  on  my  behalf  on  account  or  in  respect  of 
the  conduct  or  management  of  the  said  election. 

And  I  further  state  on  oath  that  I  will  not,  except  so  far  as  I  may 
be  permitted  by  law,  at  any  future  time  make  or  be  a  party  to  the  making 
or  giving  of  any  payment,  reward,  office,  position  or  employment,  or 
valuable  consideration  for  the  purpose  of  defraying  any  such  expenses 
or  obligations  as  herein  mentioned  for  or  on  account  of  my  nomination 
or  election,  or  provide  or  be  party  to  the  providing  of  any  money,  security 
or  equivalent  for  money  for  the  purpose  of  defraying  any  such   expense. 


(Signature  of  Affiant.)   

Subscribed  and  sworn  to  before  me  by  the  above  named 

on  the  day  of ,  A.  D.  190 

Attached  to  said  affidavit  shall  be  a  full  and  complete  account  of 
the  receipts,  contributions  and  expenses  of  said  affiant,  and  of  his  sup- 
porters of  which  he  has  knowledge,  with  numbered  vouchers  for  all  sums 
and  payment  for  which  vouchers  are  required  as  to  all  money  expended 
by  affiant.  The  affidavit  and  account  of  the  treasurer  of  any  committee 
or  any  political  party  or  organization  shall  be  as  nearly  as  may  be 
in  the  same  form,  and  so  also  shall  be  the  affidavit  of  any  person  who 
has  received  or  expended  money  in  excess  of  the  sum  of  fifty  dollars  to 
aid  in  securing  the  nomination  or  election  or  defeat  of  any  candidate, 
or  of  any  political  party  or  organization,  or  of  any  measure  before  the 
people. 

Section  55.  Any  person  who  shall  knowingly  make  any  false  oath 
or  affidavit  where  an  oath  or  affidavit  is  required  by  this  law  shall  be 
deemed  guilty  of  perjury  and  punished  accordingly. 

4 


98  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

THE  PEOPLE'S  POWER  LEAGUE  OF  OREGON 
in  favor  of  the  measures  designated  on  the  official  ballot,  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


For  an  amendment  to  Article  II  of  the  Constitution, 
giving  the  voters  power  to  call  a  special  election  at 
any  time  to  discharge  any  public  officer  and  elect 
his  successor.  Vote  YES  or  NO. 


324.  Yes. 


325.  No. 


A  bill  for  a  law  instrvicting  members  of  the  Legisla- 
ture to  vote  for  and  elect  the  candidates  for  United 
States   Senator  who  receive  the   highest  number  of 


votes  at  the  general  election. 

Vote  YES  or  NO. 

326.           Yes. 

X 

327.           No. 

For  constitutional  amendment  giving  the  people  power 
to  make  laws  for  election  of  public  officers  by  ma- 
jority vote  instead  of  pluralities;  to  provide  that 
political  parties  and  voters'  organizations  shall  be 
proportionably  represented  in  all  offices  filled  by  the 
election  of  two  or  more  persons,  and  that  a  voter 
shall  vote  for  only  one  person  for  any  office,  and 
may  indicate  his  second,  third,  etc.,  choice;  and  to 
provide  for  a  simple  method  of  precinct  residence 
and   registration.  Vote  YES  or  NO. 

328.  Yes. 

329.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908         99 


A  bill  for  a  law  to  limit  the  amount  of  money  candi- 
dates and  otl.ei-  persons  may  contribute  or  spend  in 
election  campaigns;  declaring  what  shall  constitute 
corrupting  use  of  money  and  undue  influence  in 
elections  and  punishing  the  same;  prohibiting  at- 
tempts on  election  day  to  persuade  any  voter  to  vote  ■  "♦ 
for  or  against  any  candidate  or  candidates,  or  any  '  "  •  ■- 
measure  submitted  to  the  people;  to  protect" 'the' 
purity  of  the  ballot;  furnishing  information  to  voters 
concerning  candidates  and  parties,  partly  at  public 
expense,  and  providing  for  the  manner  of  conduct- 
ing election  contests.  Voti^  YES  or  NO 

. i J ^^T^' '-^^ 

330.  Yes.  -  ■■■■.      o'->:.>i 

— J— ;-• 

331.  No. 


THE  PEOPLE'S  POWER  LEAGUE  OF  OREGON 

Offers  this  Argumeyit  to  explain,  and  advocate  the  approval  by  the  people 

of   the   following   measures  proposed   by   the   League 

by  initiative  petitions: 

Official   Ballot   No.    324,     A    Constitutional   amendment   for    the 

Recall,  giving  the  voters  power  to  discharge  any  public  officer  and  elect 
his  successor. 

Official  Ballot  No.  326,    A  Bill  for  a  law  instructing  members  of 

the  Legislature  to  vote  for  and  elect  the  candidate  for  United  States 
Senator  who  receives  the  highest  number  of  votes  at  the  general  election. 

Official  Ballot  No.  328,   A  Constitutional  amendment  giving  the 

people  power  to  make  laws  for  election  of  public  olTicers  by  majority 
vote,  or  by  proportional  representation  of  the  voters'  organizations  and 
political  parties,  and  also  power  to  make  a  simple  law  for  precinct  resi- 
dence and  registration  of  voters. 

Official  Ballot  No.  330,    A  Bill  for  a  law  to  limit  the  amount  of 

money  candidates  and  other  persons  may  contribute  or  spend  in  election 
campaigns;  to  prohibit  and  punish  the  corrupting  use  of  money  and 
undue  influence  in  elections;  to  protect  the  purity  of  the  ballot  and 
furnish  information  to  voters  concerning  candidates  and  all  political 
parties,  partly  at  public  expense. 

The  following  list  gives  the  names  of  the  officers,  executive  com- 
mittee and  members  of  the  People's  Power  League  on  the  3d  day  of 
February,  1908: 

OFFICERS. 

BEN  SELLING,  of  Portland,  President; 
GEORGE    M.    ORTON,    of    Portland,    Vice-President; 
B.   LEE   PAGET,  of  Portland,   Treasurer; 
W.  S.  U'REN,  of  Oregon  City,  Secretary. 


100 


Pamphlet  Containing  Measures  to  be 


Henry  Hahn 
I.  N.  Fleischner 
Jonathan  Bourne,  Jr. 
Thomas  A.   McBride 
C.  P.  Gram 
C.  G.  Huntley 


EXECUTIVE  COMMITTEE. 


Frank    Williams 
John  C.  Young 
C.  S.  Jackson    • 
Geo.  W.  Riddle 
W.  C.  Bristol 
Harry  Lane 


E.   C.  Bronaugh 

C.  E.  S.  Wood 
Thomas  G.  Greene 

D.  Solis  Cohen 


Geo.   E.  Chamberlain 
.John  H.- Smith 
O.  P.  Coshow    - 
Emmett  Callahan     •" 
J.  M.  Lawrence 
M.  C.  Thorsen 
Lee  M.  Clark 
T.  M.  Leabo 
John  A.  Jeffrey 
H.   J.  Parkison 
Alex  Sweek 
O.  D.  Teel 
Henry  Gans 
W.   S.  Halliman 
Henry  E.  McGinn 
C.   Schuebel 


MEMBERS. 

W.   k'.  Newell 
F.   McKercher 
John  Bain 
E.  Lang'     , . 
Osv/ald  West 
V.  R.  Hyde 

E.  S.  J.  McAllister 
J.  H.  Page 
Rodney  L.  Glisan 
C.  A.  Barrett 
Frank  J.  Peterson 
Joseph  Bickner 
Max  Burgholzer 
Herman  Wise 

F.  A.  Spencer 
W.  P.  Olds 


Thomas  O'Day 
Charles  K.  Henry 
J.   E.    Hedges 
G.  W.   Holcomb 
W.   T.   Houser 
J.  R.  Oatfield 
P.  McDonald 
W.  A.  Worstell 
H.  W.  Drew 
F.  E.  Davidson 
Henry   Denlinger 
William  E.  Burke 
W.  R.  U'Ren 
Thomas  N.   Strong 
Martin  Winch 
Henry  L.  Barkley 


This  League  is  largely  composed  of  the  same  group  of  men  who  pro- 
posed the  Initiative  and  Referendum  amendment  in  1902,  the  Direct 
Primary  Law  in  1904,  and  Home  Rule  for  Cities  and  other  measures  of 
the  People's  Power  League  of  1906.  Its  object  is  to  complete  the  dire.ct 
power  of  the  voters  of  Oregon  over  their  state  and  local  government  in 
all  its  branches  and  officers.  Many  of  our  members  were  with  Mr.  Ed. 
Bingham  in  his  agitation  for  the  Australian  ballot  law  and  the  registra- 
tion law. 

We  believe  the  approval  of  the  above  four  measures  by  the  people 
will  complete  the  necessary  practical  methods  by  which  the  voters  of 
Oregon  will  be  able  quickly,  directly  and  effectively  to  use  their  supreme 
power  over  the  officers  as  well  as  the  laws  of  our  state  and  local  govern- 
ment. 


By  adopting  the  Recall  amendment.  No.  324  on  the  official  ballot, 
the  people  will  take  power  to  discharge  any  elected  public  officer  and 
choose  his  successor  at  a  special  election;  they  may  do  this  for  any 
reason  that  seems  to  them  sufficient.  To  get  the  best  service  from  all 
officers  at  all  times,  it  is  as  necessary  that  the  people  shall  be  able  to 


Submitted  to  Voters  of  Oregon  June  1,  1908   101 

discharge  any  of  their  public  servants  as  it  is  that  a  farmer  or  any  other 
employer  should  have  power  to  discharge  his  hired  man.  This  amend- 
ment Is  substantially  the  Los  Angeles  method  adopted  in  1903,  and  which 
has  since  been  followed  by  many  cities  in  California,  including  San 
Francisco  at  the  November  election,  1907;  Seattle,  Washington,  and 
Grand  Rapids,  Michigan,  in  1906;  Lewlston,  Idaho,  1907;  all  the  cities 
of  Iowa  of  twenty-five  thousand  population  and  over  by  a  general  law  in 
January,  1907.  The  people  of  one  ward  in  Los  Angeles  once  discharged 
a  boodling  alderman  by  this  method.  It  has  not  been  necessary  to  use 
it  there  since. 


We  cannot  more  fitly  introduce  the  bill  instructing  members  of  the 
Legislature  to  elect  the  people's  choice  for  United  States  Senator  than 
l)y  the  following  quotation  from  an  editorial  of  the  daily  Oregonian  of 
January  23,  1907,  showing  the  effect  of  Statement  No.  1: 

"A  MILESTONE  IN  HISTORY." 

"The  virtually  unanimous  ratification  by  the  Legislature  of  the 
popular  choice  of  Mr.  Mulkey  and  Mr.  Bourne  for  United  States  Senators 
marks  an  epoch  in  the  political  history  of  Oregon.  It  is  not  likely  that 
the  precedent  thus  firmly  established  will  be  broken  hereafter.  The  time 
of  the  Legislature  will  henceforth  be  devoted  to  the  business  of  the  state: 
its  only  concern  with  the  election  of  senators  will  be  to  fulfill  the  con- 
stitutional form  by  ratification  of  an  antecedent  popular  choice.     *     *     * 

"Seldom  has  a  body  of  public  men  given  a  finer  demonstration  of 
loyalty  to  American  principles  than  the  Oregon  Legislature  gave  in  rati- 
fying promptly  and  decisively  the  popular  election  of  Senators  Mulkey 
and  Bourne.  By  doing  this  they  have  acknowledged  the  fundamental 
truth  upon  which  our  institutions  rest,  namely:  that  all  power  ultimately 
resides  in  the  people  and  that  whenever  the  people  choose  to  exercise 
this  power  directly  it  is  their  right  to  do  so.  Our  legislators  have  also 
acknowledged  with  noble  fidelity  to  fact  and  reason,  that,  high  as  their 
duties  may  be,  they  are  but  the  servants  or  agents  of  the  people,  and  that 
the  popular  mandates  expressed  under  the  forms  of  law  are  of  binding 
obligation  upon  all  public  officials.  We  may  therefore  say  without  undue 
insistence  on  its  importance,  that  the  ratification  by  the  Oregon  Legis- 
lature of  the  popular  choice  of  our  senators  marks  an  epoch  in  the 
development  of  free  institutions." 

Many  politicians  are  now  opposing  the  people's  power  to  select  and 
name  their  United  States  Senators  through  the  Statement  No.  1  pledge 
of  candidates  for  the  Legislature.  They  do  not  offer  any  better  plan,  but 
only  seek  to  go  back  to  the  old  legislative  methods. 

Without  some  clear,  definite,  unquestionable  and  forcible  expression 
by  the  people,  directly  in  favor  of  the  principle  of  Statement  No.  1,  there 
is  danger  that  the  professional  politicians  may  win,  and  thereby  cause 


102  Pamphlet  Containing  Measures  to  be 

the  J.egislature  of  Oregon  to  set  another  "milestone  in  history,"  only 
that  it  will  be  BACKWARD  towards  corruption,  instead  of  forward 
towards  the  "development  of  free  institutions." 

The  real  issue  at  the  bottom  of  the  Statement  No.  1  contest  is 
this:  Do  the  people  of  Oregon  want  to  exercise  the  power  at  their  gen- 
eral elections  to  select  and  choose  their  United  States  Senators  from  any 
political  party  or  no  political  party,  as  it  may  please  the  majority? 
Having  so  selected  their  United  States  Senator,  do  the  people  want  their 
Legislative  Assembly  to  ratify  their  choice  and  elect  the  candidate  they 
have  selected  at  their  general  election?  Do  they,  the  people  of  Oregon, 
want  their  Legislative  Assembly  to  obey  their  instructions  for  such  rati- 
fication and  formal  election,  regardless  of  whether  or  not  they,  the 
people  of  Oregon,  have  been  pleased  to  select  their  candidate  for  United 
States  Senator  and  a  majority  of  the  members  of  their  Legislative  Assem- 
bly from  the  same  political  party? 

Do  the  people  of  Oregon  want  to  be  master  or  servant  of  their 
political  parties  and  public  officers,  and  especially  of  their  members  of 
the  Legislative  Assembly?  Washington,  Lincoln,  and  all  the  really  great 
statesmen  of  America  have  always  placed  the  people  far  above  all 
political  parties. 

If  you  vote  for  this  bill,  No.  326  on  the  official  ballot,  every  politician 
in  Oregon  and  every  member  of  the  Legislative  Assembly  will  know  and 
remember  that  you  understand  and  intend  to  keep  the  Statement  No.  1 
power  you  exercised  in  1906  to  select  your  United  States  Senators;  that 
you  will  choose  your  United  States  Senators  and  require  the  members 
of  the  Legislature  to  choose  and  formally  elect  the  candidates  whom  you 
select  for  that  office  by  the  highest  number  of  your  votes  at  your  gen- 
eral elections. 


By  voting  for  the  Proportional  Representation 'amendment.  No.  328 
on  the  official  ballot,  the  people  will  resume  their  power  to  make  such 
laws  as  will  enable  every  organization  of  citizens,  as  well  as  every 
political  party,  to  elect  members  of  the  Legislature  in  proportion  to  the 
number  of  its  supporters  in  the  district;  then  if  an  organization  in  a 
district  choosing  more  than  one  member,  as  in  Multnomah  County,  for 
example,  which  elects  twelve  Representatives,  every  candidate  will  be 
elected  who  receives  one-twelfth  of  the  votes  cast  in  that  district;  there- 
fore, every  organization  of  one-twelfth  or  more  of  the  voters  would  elect 
as  many  representatives  as  it  had  twelfths  of  the  voters  in  that  county 
or  district.  But  for  one  organization  to  elect  all  the  representatives,  as  it 
does  under  the  present  system,  it  must  be  the  only  party  and  have  all 
the  voters. 

Under  the  best  methods  of  electing  Representatives  by  propor- 
tional representation,  and  which  the  people  will  have  power  to  adopt  in 
Oregon  if  this  amendment  is  approved,  every  one-sixtieth  of  the  voters 


Submitted  to  Voters  of  Oregon  June  1,  1908       103 

in  the  state  will  be  able  to  elect  one  Representative;  but  to  elect  fifty-nine 
of  the  sixty  Representatives,  as  one  party  did  at  the  last  election,  it  must 
have  fifty-nine  of  every  sixty  voters  in  the  state;  the  people  will  also  have 
power,  under  this  amendment,  to  make  la,ws  requiring  an  actual  majority 
of  the  votes  for  the  election  of  any  or  all  public  officers.  Practical 
methods  have  been  invented  by  which  these  things  are  done  in  some 
countries. 

In  the  Legislature  of  Oregon  there  are  but  few  men  who  were 
elected  because  of  their  special  knowledge  or  experience  in  the  science  or 
conditions  of  agriculture,  labor,  transportation,  banking,  merchandising, 
teaching  or  preaching.  Of  the  ninety  members,  eighty-three  were  elected 
principally  because  they  were  republicans  and  seven  because  they  were 
democrats. 

It  might  not  be  quite  so  bad  if  only  the  political  parties  were  justly 
represented;  but  fifty-four  thousand  men  (in  round  numbers)  voting  the 
republican  ticket  elected  fifty-nine  of  our  sixty  Representatives  at  the 
last  election,  while  forty  thousand  opposition  voters,  democrats,  social- 
ists and  prohibitionists,  were  able  to  elect  only  one  representative. 

Until  our  state  constitution  is  amended  no  better  system  of  elections 
can  be  adopted.  This  amendment  is  not  intended  to  provide  a  system, 
but  if  it  is  approved,  the  voters  of  the  state  can  then  enact  laws  for 
any  plans  that  will  get  the  fairest  results  in  Oregon;  also,  they  will  have 
power  to  make  a  simple  registration  law. 


The  Huntley  Bill  for  a  law  for  purity  of  elections,  limitation  of  can- 
didates' expenses  and  prevention  of  corrupt  practices.  No.  330,  331,  on  thr; 
official  ballot,  is  patterned  after  the  very  successful  British  laws  of 
1883  and  1895  for  the  same  purpose. 

Reason  is  the  only  safe  influence  in  the  politics  of  a  free  people. 
Promises  by  candidates  or  others  to  appoint  voters  to  desirable  offices  or 
employment,  and  the  secret  use  of  money  to  influence  elections,  are 
dangerous  to  liberty,  because  they  are  always  used  for  the  advantage  of 
individuals  or  special  interests  and  classes,  and  never  for  the  common 
good.  The  right  to  spend  large  sums  of  money  publicly  in  elections  tends 
to  the  choice  of  none  but  rich  men  or  tools  of  wealthy  corporations  to 
important  offices,  and  thus  deprives  the  people's  government  of  the  ser- 
vices of  its  poorer  citizens,  regardless  of  their  ability.  The  primary 
purpose  of  this  bill  is,  as  nearly  as  possible,  to  prevent  the  use  of  any 
means  but  arguments  addressed  to  the  voter's  reason  in  the  nominations 
and  elections  of  Oregon. 

President  Roosevelt  advocates  the  enactment  of  laws  on  the  lines  of 
this  bill;  it  is  an  effort  to  give  poor  men  at)  equal  chance  with  the  men 
who  are  supported  by  wealth  in  aspiring  for  nomination  and  election  to 
public  office;  it  aims  to  prevent  the  grafting  of  candidates  and  public 
officers  for  liquors,  contributions,  cigars,  and  other  forms  of  corrupting 


104  Pamphlet  Containing  Measures  to  be 


influence;  it  prohibits  a  candidate  from  spending  in  his  campaigns  more 
than  one-fourth  of  one  year's  salary  of  the  office  to  which  he  aspires;  it 
provides  for  mailing  to  all  registered  voters  some  campaign  literature, 
partly  at  the  expense  of  the  state;  it  requires  from  candidates  and  their 
agents  and  party  committee  sworn  itemized  statements  of  the  money 
received  and  paid  out;  prohibits  corporation  contributions;  makes  cam- 
paign committees'  books  and  accounts  subject  to  public  examination  at 
reasonable  times;  and  provides  a  method  for  casting  out  fraudulent 
ballots.  It  is  necessarily  long  and  looks  complicated.  So  were  the 
Australian  Ballot  and  Direct  Primary  Laws,  but  they  both  proved  simple 
in  operation.  This  will  be  as  simple  as  those  laws:  the  members  of  the 
People's  Power  League  believe  it  is  as  necessary  as  they  were,  and  will 
produce  at  least  as  good  results. 

The  bill  permits  any  person  to  do  as  much  writing,  speaking,  pub- 
lishing or  other  work,  and  spend  as  much  time  as  he  wishes,  without  pay. 
for  any  candidate  or  political  party.  Hired  workers  at  the  polls  are  pro- 
hibited, except  as  challengers  and  to  watch  the  count.  It  is  made  un- 
lawful for  any  alleged  public  benelit  scheme,  charitable,  religious  or  other- 
wise, to  beg  from  candidates  or  public  officers.  Candidates  and  their 
friends  may  electioneer  without  limit  before  election  day,  but  on  that 
day  the  voter  shall  be  allowed  to  go  to  the  polls  and  vote  as  his  own 
judgment  dictates,  absolutely  free  from  solicitation,  question,  or  argu- 
ment for  votes,  either  for  men,  measures  or  parties.  This,  of  course, 
does  not  prevent  any  person  from  giving  information  to  a  voter  on  elec- 
tion day  when  he  asks  for  it,  but  it  must  not  be  offered  or  volunteered. 
No  false  charges  may  be  lawfully  published  against  a  candidate's  char- 
acter until  ten  days  after  a  copy  has  been  served  personally  upon  him. 

Respectfully  submitted  to  the  electors  of  Oregon  by 

THE  PEOPLE'S  POWER  LEAGUE  OF  OREGON.    ^ 

(Endorsed) 

Filed  February  3,  1908. 

F.  W.  BENSON,   Secretary  of  State. 


Submitted  to  Voters  of  Oregon  June  1,  1908        105 


A    BILL 

To  be  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  general  ELECTION 

TO    BE    HELD 

On  the  First  Day  of  June,  1908, 

To  propose  by  initiative  petition  a  law  for  the  protection  of  salmon  and 
sturgeon  in  the  waters  of  the  Columbia  and  Sandy  rivers  and  their 
tributaries,  and  prescribing  a  penalty  for  a  violation  of  the  law. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

30,   1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The   following  is   the  form  and  number   in   which   the   question   will   be 

submitted  on  the  official  ballot: 


PROPOSED  BY  INITIATIVE  PETITION 


For  an  act  prohibiting,  after  August  25th,  1908,  fish- 
ing for  salmon  or  sturgeon  at  any  time,  by  any 
means,  except  hook  and  line,  in  the  Sandy  River  or 
any  of  its  tributaries,  or  in  the  Columbia  River  or 
any  of  its  tributaries,  at  any  place  up  stream  from 
its  confluence  with  the  Sandy  River,  or  with  hook 
and   line  during  the   spawning   season.  Vote  YES  or  NO. 

332.  Yes. 

333.  No. 


106  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  332  and  333.] 

A  BILL 

To  propose  by  initiative  petition  a  law  for  the  protection  of  salmon  and 
sturgeon  in  the  waters  of  the  Columbia  and  Sandy  rivers  and  their 
tributaries,  and  prescribing  a  penalty  for  a  violation  of  the  law. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  after  August  2oth,  1908,  it  shall  be  unlawful  to 
catch,  take  or  fish  for  salmon  or  sturgeon  at  any  time  by  any  means 
whatever,  except  with  hook  and  line,  commonly  called  angling,  from  or 
in  the  waters  of  the  Coumbia  River  or  any  of  its  tributaries  at  any  place 
up  stream  or  easterly  from  or  of  its  confluence  with  the  Sandy  River,  or 
from  or  in  the  waters  of.  the  Sandy  River  or  any  of  its  tributaries;  or 
to  catch,  take  or  fish  for  salmon  or  sturgeon  in  any  manner  whatever 
during  the  spawning  season  in  any  of  the  waters  of  the  Columbia  Rivsi* 
or  any  of  the  tributaries  thereof  at  any  place  up  stream  from  or  easterly 
of  the  confluence  of  said  Columbia  and  Sandy  rivers  or  in  any  of  the 
watei-s  of  said  Sandy  River  or  any  of  its  tributaries,  at  any  place  up 
stream  or  southerly  of  the  confluence  of  said  Columbia  and  Sandy  rivers. 

Section  2.  Wherever  the  word  "salmon"  is  used  in  this  law  the  same 
shall  be  deemed  and  held  to  include  Chinook,  Steelheads,  Bluebacks, 
Silversides  and  all  other  anadromous  species  of  salmon. 

Section  3.  That  any  person,  firm  or  corporation  violating  any  of 
the  provisions  of  this  law  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
upon  conviction  thereof,  shall  be  punished  by  a  fine  of  not  less  than 
$100.00  nor  more  than  $1,000.00  or  by  imprisonment  in  the  county  jail 
for  not  less  than  twenty-five  days  nor  more  than  one  year  or  by  both 
such  fine  and  imprisonment. 


Submitted  to  Voters  of  Oregon  June  1,  1908       107 


ARGUMENT 
(affirmative) 

SUBMITTED   BY 

THE  COLUMBIA  RIVER   SALMON   PROTECTIVE  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot   as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


For  an  act  prohibiting,  after  August  25th,  1908,  fish- 
ing for  salmon  or  sturgeon  at  any  time,  by  any 
means,  except  hook  and  line,  in  the  Sandy  River  or 
any  of  its  tributaries,  or  in  the  Columbia  River  or 
any  of  its  tributaries,  at  any  place  up  stream  from 
its  confluence  v^rith  the  Sandy  River,  or  with  hook 
and   line  during  the   spaviming   season.  Vote  YES  or  NO. 


332.  Yes. 


333.  No. 


ARGUMENT    FOR    THE    BILL    TO    PROHIBIT    FISHING    FOR 
SALMON  IN  THE  NARROWS  OF  THE  UPPER  COLUMBIA. 

We,  the  undersigned,  officers  of  the  Columbia  River  Salmon  Protective 
Association,  hereby  submit  the  following  argument  in  support  of  the  bill 
*'For  the  Protection  of  Salmon  and  Sturgeon  in  the  Waters  of  the  Colum- 
bia and  Sandy  Rivers  and  their  Tributaries." 

This  bill  was  submitted  on  the  initiative  petition  to  the  signers  as 
follows : 

"INITIATIVE  PETITION. 

"Measure  prepared  and  circulated  by  the  Columbia  River  Salmon  Pro- 
tective Association. 

"Bill  for  a  law  for  the  better  protection  of  salmon  and  sturgeon  in 
the  waters  of  the  Columbia  and  Sandy  rivers.     ^ 

"The  salmon  industry  provides  employment  for  5,000  of  our  best  and 
most  loyal  citizens,  and  brings  into  the  State  $3,000,000  annually;  but, 
for  want  of  proper  protection,  the  salmon  is  being  rapidly  destroyed. 

"By  prompt*  and  proper  protection,  as  provided  for  in  this  bill,  this 
industry  cannot  only  be  saved  but  can  be  built  up  to  such  an  extent  that 


108  Pamphlet  Containing  Measures  to  be 

it  will  give  employment  to,  and  sustain  the  families  of,  at  least  15,000 
of  our  citizens,  and  bring  $10,000,000  annually  into  our  State. 

OFFICERS  AND  EXECUTIVE  COMMITTEE. 

George  M.  Orton,  of  Portland,  President. 
Jay  Tuttle,  of  Astoria,  Vice-President. 
F.  E.  Beach,  of  Portland,  Treasurer. 
H.  M.  LORNTSEN,  of  Astoria,  Secretary. 

Thomas  A.  McBride,  of  Oregon  City  James  Withycombe,  Corvallis 

Wm.  I.  Vawter,  Medford  Jas.  A.   Lackey,  Ontario 

G.  S.  Wright,  McMinnville  C.  G.  Huntley,  Oregon  City 

Chas.    G.    Roberts,    Portland  Wm.  Miller,  Burns 

D.  H.  Miller,  Medford  John  H.  Smith,  Astoria 

T.  B.  Kay,  Salem  Frank  Kankkonen,  Astoria." 

This  bill,  if  it  receives  the  majority  vote  of  the  people  of  Oregon,  will 
perpetuate  the  salmon  industry  of  the  Columbia. 

This  bill  provides  that  all  fishing  for  salmon  or  sturgeon  for  com- 
mercial purposes  shall  stop  in  the  Columbia  or  its  tributaries,  where  the 
Columbia  becomes  so  narrow  that  the  salmon  have  no  chance  to  get  to 
the  hatcheries  and  natural  spawning  grounds,  if  fishing  is  permitted. 

Every  Nation  and  State  possessing  salmon  streams,  seeing  how  salmon 
were  being  destroyed  by  fishing  in  the  narrows  of  the  rivers,  has  adopted 
the  principle  contained  in  this  bill. 

Oregon  passed  a  law  in  1901  which  stopped  fishing  for  salmon  in  its 
rivers  with  stationary  appliances,  and  provided  for  dead  lines  against 
fishing  where  our  rivei's  became  narrow. 

The  Columbia  was  excepted  from  this  law  because  the  power  and 
influence  of  the  few  rich  men  owning  fish  wheels  in  the  upper  Colum&ia 
prevailed  against  the  logic  and  earnestness  of  the  men  who  plead  for  the 
preservation  of  our  salmon. 

What  has  been  the  result  of  this  failure  to  include  the  Columbia  in 
this  protective  measure? 

In  the  Columbia  the  salmon  are  steadily  decreasing,  especially  our 
Chinook  salmon,  the  king  of  all  salmon. 

In  the  rivers  affected  by  the  law  of  1901  the  salmon  are  increasing. 
In  these  rivers,  over-fished  prior  to  1901  by  stationary  gear  and  by 
fishing  in  the  narrows,  the  pack  of  Chinook  salmon  had  fallen  to  689,338 
pounds.  With  stationary  gear  abolished  and  dead  lines  drawn  at  head 
of  tide,  and  sometimes  below  head  of  tide,  there  was  immediate  increase 
in  number  of  salmon  reaching  our  hatcheries  and  spawning  grounds. 
The  salmon  were  thus  given  a  chance  to  spawn. 

In  1906  in  these  rivers  were  packed  3,018,980  pounds  of  Chinook  sal- 
mon. That  is  an  increase  of  300  per  cent  over  1901.  Other  varieties  of 
salmon  likewise  increased.  And  allowing  for  a  certain  rise  and  fall  in 
the  pack  on  account  of  peculiar  water  conditions,  which  during  some 
seasons   prevent  the   salmon   from   ascending  to   their  proper   spawning 


Submitted  to  Voters  of  Oregon  June  1,  1908       109 


grounds,  or  later  destroy  some  of  the  spawn,  a  steady  and  encouraging 
increase  of  our  salmon  in  all  of  our  Oregon  rivers,  excepting  the  Colum- 
bia, can  be  noted. 

As  stated,  the  law  of  1901  did  not  apply  to  the  Columbia.  In  the 
Columbia  the  salmon  pack  is  decreasing  though  appliances  to  catch  the 
salmon  are  on  the  increase.  The  pack  of  1907  fell  about  30  per  cent 
short  of  the  pack  of  1906.  This  decrease  is  bad.  But  what  is  far  worse, 
is  the  almost  absolute  absence  of  our  salmon  in  the  upper  Columbia,  the 
best  spawning  ground  for  the  best  variety  of  our  Chinook  salmon. 

There  is  absolute  proof  that  the  fish  wheels  of  the  upper  Columbia 
have  had  of  late  years  an  almost  absolute  monopoly  on  salmon  reaching 
the  narrows  and  falls  of  the  Columbia.  The  State  of  Washington,  not 
getting  any  fish,  has  closed  its  four  hatcheries  on  the  upper  Columbia. 
And  Oregon  is  following  suit.  Where  only  three  or  four  years  ago  these 
up-river  hatcheries  got, as  many  as  20,000  male  and  female  salmon,  only 
a  few  hundred  are  now  caught  by  hatchery  officials,  and  the  natural 
spawning  grounds  are  also  empty  of  spawn. 

What  the  Legislature  of  1901  and  subsequent  legislatures,  for  reasons 
before  mentioned,  failed  to  do  for  the  Columbia,  we  now  ask  the  people 
to  do  by  voting  "Yes"  on  this  bill. 

Because  special  privilege  and  unjust  monopoly  had  so  often  thwarted 
the  will  of  the  people  in  the  Legislature,  the  initiative  and  referendum 
was  adopted — the  people's  direct  rule  was  established.  We  urge  you  to 
apply  the  people's  rule  towards  the  saving  of  our  fisheries. 

A    favorable   vote    for   this   bill    means    that    5,000    fishermen   on   the 
Columbia  will  be  enabled  to  continue  to  make  a  living  at  their  accustomed 
calling.     A  favorable  vote  also  means  that  a  great  food  supply  for  our 
people    will    be   saved   to   this   and    future    generations,    and   that    about 
$5,000,000  invested  in  the  fishing  industry  of  the  Columbia  will  be  pre- 
served as  a  standing  asset  of  the  wealth  of  our  State. 

A  vote  against  this  bill  means  that  a  few  rich  fish-wheel  ownei's  of 
the  upper  Columbia  will  be  permitted  for  a  few  more  years  to  pile  up 
great  wealth  at  the  cost  of  the  destruction  of  one  of  Oregon's  greatest 
industries,  the  salmon  fisheries. 

Again  we  urge  upon  you  to  vote  "Yes"  on  this  bill. 

G.  M.  ORTON,       F.  E.  BEACH,       H.  M.  LORNTSEN, 

President.  Treasurer.  Secretary. 

Columbia  River  Salmon  Protective  Association. 

Portland,  Oregon,  January  30,  1908. 

(Endorsed)  — 

Filed  January  31,  1908. 

F.  W.  Benson,  Secretary  of  State. 


110  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED  BY 

SETTFERT    BROS.,   WARREN    PACKING   COMPANY,   and   P.   J. 
McGOWAN  &  SONS,  for  selves  and  others  in  interest, 

opposing  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


For  an  act  prohibiting,  after  August  25th,  1908,  fish- 
ing for  salmon  or  sturgeon  at  any  time,  by.  any 
means,  except  hook  and  line,  in  the  Sandy  River  or 
any  of  its  tributaries,  or  in  the  Columbia  River,  or 
any  of  its  tributaries,  at  any  place  up  stream  from 
its  confluence  with  the  Sandy  River,  or  with  hook 
and  line  during  the  spawning  season.  Vote  YES  or  NO. 


332.  Yes. 


333.  No. 


ARGUMENT  AGAINST  BILL 

To  prohibit  fishing  for  salmon  in  the  falsely  claimed  narrows  of  the 
upper  Columbia,  which  are  in  reality  from  one-half  of  a  mile  t(K  a 
mile  wide.  {Submitted  under  initiative  petition  of  a  self-styled  Colum- 
bia  River  Salmon  Protective  Association  and  under  farcical  title  of 
"Bill  for  a  law  for  better  protection  of  salmon  and  sturgeon  in  the 
waters  of  the  Columbia  and  Sandy  rivers.") 

This  bill,  if  enacted,  will  be  class  legislation.  Its  purpose  is  to  abolish 
one  class  of  gear — WHEELS — for  the  benefit  of  other  classes — GILL- 
NETS,  SEINES,  TRAPS,  that  already  catch  95  per  cent  of  the  salmon. 
It  comes  from  the  fishermen's  union  of  Astoria,  composed  wholly  of  gill- 
netters,  mostly  foreigners  without  fixed  residence,  and  few  taxpayers. 
This  fishermen's  union  is  aided  in  the  campaign  for  the  bill  by  the  Inter- 
national Seamen's  Union  of  America  and  allied  Astoria  interests,  as  the 
following  reprint  from  the  Coast  Seamen's  Journal,  January  15,  1908, 
will  testify: 

"The  International  Seamen's  Union  of  America,  in  its  convention  held 
at  Chicago,  111.,  December  2-11,  unanimously  voted  $500  for  the  purpose 
of  legislation  against  fish-wheels,  and  later  the  Fishermen's  Co-Operative 
Packing  Company,  of  Astoria,  Oregon,  put  up  $1,000  for  the  same  pur- 
pose." 


Submitted  to  Voters  of  Oregon  June  1,  1908        111 


Tlie  effort  of  the  lower  river  to  drive  out  the  wheels,  is  in  opposition  to 
the  views  of  unprejudiced  authorities,  State  and  National.  The  U.  S. 
Bureau  of  Fisheries  opposes  it  and  sees  no  reason  for  their  elimination. 
The  views  of  this  Bureau  are  fully  set  forth  further  along  in  a  letter 
written  by  Oscar  Strauss,  U.  S.  Secretary  Commerce  and  Labor. 

This  bill  purports  to  have  the  support  of  a  so-called  Columbia  River 
Salmon  Protective  Association.  We  do  not  desire  to  criticise  the  motives 
of  the  gentlemen  comprising  this  association,  but  we  feel  that  the  use  of 
their  names  has  been  secured  by  gross  misrepresentations,  and  further, 
that,  with  exception  of  those  hailing  from  Clatsop  County  whose  motives 
are  well  known,  not  one  is  possessed  of  sufficient  knowledge  by  personal 
research  to  be  competent  authority.  If  you  wanted  medical  attention  you 
would  not  seek  a  banker  who  had  been  told  of  appendicitis  operations,  nor 
for  soil  needs  would  you  consult  a  merchant,  or  for  stock  breeding  a 
manufacturer. 

For  years  lower-river  interests  have  striven  to  eliminate  all  others  in 
favor  of  a  monopoly  of  their  own,  a  miniature  Standard  Oil,  fostered  by 
a  union,  without  vmion  principles,  which  wants  to  pursue  salmon  twenty- 
four  hours  a  day,  seven  days  in  the  week,  fifty-two  weeks  in  the  year, 
with  no  other  protection  than  that  to  be  given  at  the  expense  of  the  other 
fellow,  and,  as  before  stated,  this  union  is  backed  as  largest  contributers 
by  Astoria  canneries  and  further  encouraged  by  one  of  the  largest  salmon 
trusts  in  the  world  seeking  to  throttle  legitimate  opposition. 

In  1893,  at  the  instigation  of  upper  Columbia  interests  who  had  pi'evi- 
ously  been  operating  a  hatchery  at  their  own  expense,  a  License  Bill  to 
raise  money  for  propagation  was  passed.  H.  D.  McGuire  was  appointed 
Fish  Commissioner,  and  most  effectively  enforced  the  Sunday  close  laws 
and  close  seasons  until  his  untimely  death.  Mr.  F.  C.  Reed  was  named  to 
succeed  him.  He  followed  Mr.  McGuire  in  his  strict  adherence  to  the 
statutes.  Astoria  interests  demanded  the  non-enforcement  of  close  sea- 
sons; Mr.  Reed  refused;  his  head  fell,  and  a  tractable  Astoria  citizen 
succeeded  him.  From  this  time  is  marked  the  decline  of  the  industry,  the 
depletion  of  hatcheries,  and  the  shame  of  the  State.  The  seasons  of  plente- 
ous hatchery  supplies  referred  to  in  the  affirmative  argument  ended  in 
1903,  the  last  season  of  returns  possible  under  the  efficient  administrations 
of  McGuii-e  and  Reed.  The  dearth  commences  in  1904,  the  first  results 
visible  under  the  non-enforcement  of  laws  by  Mr.  Van  D.usen,  and  this 
dearth  is  more  apparent  in  face  of  the  fact  that  less  fishing  gear  has 
been  employed  oh  the  upper  river  in  later  years  than  during  years  when 
the  hatcheries  had  plenty  of  spawning  salmon.  The  truth  is  apparent — ■ 
Not  up-river  fishing  is  the  cause,  but  over-fishing  at  Astoria  and 

ON  THE  lower  COLUMBIA,  BAR  FISHING,  CHANNEL  FISHING,  INCREASE  OF 
GEAR,  LONGER  OPEN  SEASON,  NO  SUNDAY  LAW,  AND  HEEDLESS  VIOLATION  OF 
ALMOST    EVERY    PROTECTIVE    MEASURE    ON    THE    STATUTES.       The    Oregonian 

has  made  a  most  noble  fight  against  the  suicidal  policy,  as  its  files  from 
1900  to  date  will  attest.  The  up-river  men  have  added  their  pleas,  the 
Government  officials  have  written  volumes,  all  to  no  purpose.     Will  you 


112  Pamphlet  Containing  Measures  to  be 

now  further  place  your  stamp  of  approval  on  these  methods?     We  think 
not. 

A  summary  of  the  situation  is  made  in  the  following  quotation  from 
a  most  able  Oregonian  editorial,  January  21st,  1907 : 

"Not  fishing  above  tidewater  in  the  Columbia  River  has  brought  the 
salmon  industry  to  its  present  plight  and  threatens  it  with  extinction, 
but  over-fishing  all  along  the  river,  non-observance  of  closed  season,  ex- 
tension of  open  season  by  successive  legislatures,  increasing  destructive- 
ness  of  gear,  fishing  on  the  bar." 

A  perusal  of  the  Reports  of  the  following  investigators  will  fui'ther 
show  the  absolute  injustice  and  partisan  character  of  this  measure: 

Major  Jones  to  War  Department,  1888. 

Oregon  Special  Legislative  Investigating  Committee,  1889. 
Washington   Special  Legislative  Investigating  Committee,  1897. 
Oregon  Senate  Special  Committee,  1897-98. 

We  also  quote  from  a  letter  written  January  10th,  1907,  by  the  great- 
est authorities  in  the  country,  the  U.  S.  Bureau  of  Fisheries  of  which 
Oscar  Strauss,  Department  Commerce  and  Labor,  is  chief: 

"The  Department  sees  no  reason  for  advocating  the  elimination 
of  fishwheels  from  the  river,  as  there  is  no  evidence  to  show  that 
this  form  of  apparatus  is  particularly  destructive  to  salmon.  a 
condition  that  is  specially  favorable  for  the  passage  of  salmon — 
namely,  very  high  water — renders  the  wheels  unserviceable;  and, 
on  the  other  hand,  periods  of  very  low  water,  when  the  fish  are 
much  restricted  in  their  movements,  are  also  unfavorable  for  the 
WHEELS.  During  the  past  two  or  three  seasons  the  catch  of  salmon 
by  wheels  has  been  small;  but  even  if  it  were  very  large  it  woul© 
be  a  fact  of  no  special  significance  in  the  present  connection. 

"The  Columbia  River  is,  however,  made  to  yield  a  quantity  of 
salmon  far  greater  than  regard  for  the  future  supply  permits,  and 
the  drain  is  yearly  becoming  more  serious.  no  one  familiar  with 
the  situation  can  fail  to  appreciate  the  menace  to  the  perpetuity 
of  the  industry  that  is  furnished  by  the  concentration  of  a  tre- 
mendous amount  of  fixed  and  floating  apparatus  of  capture  in  and 
near  the  mouth  of  the  river.  this  apparatus  comprises  about  400 
pound  nets  or  traps,  over  80  long  sweep-seines,  and  more  than  2,200 
gill-nets,  the  last  having  an  aggregate  approximate  length  of  over 
570  miles;  and  these  appliances  capture  more  than  95  per  cent  of 
the  fish  taken  in  the  oregon  and  washington  waters  of  the  river, 
the  figures  for  1904  being  nearly  34,000,000  pounds,  or  98.7  per  cent 
of  the  total  yield." 


Submitted  to  Voters  of  Oregon  June  1,  1908   113 

Beyond  all  these  arguments  is  one  of  selfish  interest  to  you.  The 
taxpayers  have  furnished  hatcheries  rendered  useless  by  greed  and  incom- 
petent officials.  Shall  they  further  tax  themselves  to  pay  for  the  property 
condemned  by  this  proposed  partisan  measure;  that  they  will  have  to  pay 
something  like  $500,000  is  certain,  as  decisions  of  highest  court  in  the  land 
will  attest.  A  vote  "Yes"  to  this  bill  means  more  injustice,  more  in- 
efficiency, more  taxes.    We  ask  you  to  vote  "No,"  and  think  you  will. 

There  is  another  measure  before  the  people  which  restricts  all  gear 
without  abolishing  any,  and  is  a  fair  deal,  as  it  carries  the  recommenda- 
tion of  all  the  eminent  authorities;  we  commend  it  to  your  favorable 
consideration  as  a  just  solution  and  not  a  selfish  incompetent  plea. 

The  undersigned  desire  to  appeal  to  the  intelligent  voters  and  with  the 
woi-ds  and  facts  expressed  allow  you  to  draw  your  conclusions,  feeling 
safe  that  your  honest  judgment  will  penetrate  the  fallacies  and  un- 
founded statements  and  cause  you  to  vote  "No"  emphatically  to  this  bill, 
No.  333,  which  is  a  most  unjust  attempt  at  discrimination  in  favor  of 
tmworthy  petitioners  at  the  expense  of  the  tax-paying  public. 

S&UFERT  BROS., 
WARREN  PACKING  CO., 
P.  J.  McGOWAN  &  SONS, 

For  selves  and  others  in  interest. 

(Endorsed)  — 

Filed  February  21,  1908. 

F.  W.  Benson,  Secretary  of  State. 


114  Pamphlet  Containing  Measures  to  be 

AN    AMENDMENT 

TO    THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT    THE 

REGULAR  general   ELECTION 

TO    BE    HELD 

On  THE  First  Day  of  June,  1908, 

TO  AMEND 

Section  18  of  Article  VII 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

30,   1908,  in  accordance  with  the  provisions  of   Chapter 

226,  General  Laws  of  Oregon;  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is   the   form  and   number   in    which    the   question   will    be 

printed  on  the  official   ballot: 


PROPOSED  BY  INITIATIVE  PETITION 


For  constitutional  amendment  providing  for  the  choos- 
ing of  jurors  and  grand  jurors,  and  that  no  person 
can  be  charged  in  the  Circuit  Courts  with  the  com- 
mission of  a  crime  or  a  misdemeanor  except  upon 
indictment  found  by  a  grand  jury,  except  when  a 
court  holds  an  indictment  to  be  defective,  the  Dis- 
trict Attorney  may  file  an  amended  indictment.  Vote  YES  or  NO. 

334.  Yes. 

335.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908       115 


[On  Official   Ballot,  Nos.  334  and  335.] 

CONSTITUTIONAL  AMENDMENT. 

Section  18  of  Article  VII  of  the  Constitution  of  the  State  of  Oregon  shall 
be,  and  hereby  is,  amended  to  read  as  follows: 

Section  18.  The  Legislative  Assembly  shall  so  provide  that  the  most 
competent  of  the  permanent  citizens  of  the  county  shall  be  chosen  for 
jurors;  and  out  of  the  w^hole  number  in  attendance  at  the  court,  seven 
shall  be  chosen  by  lot  as  grand  jurors,  five  of  whom  must  concur  to  find 
an  indictment.  No  person  shall  be  charged  in  any  Circuit  Court  with 
the  commission  of  any  crime  or  misdemeanor  defined  or  made  punishable 
by  any  of  the  laws  of  this  State,  except  upon  indictment  found  by  a 
grand  jury.  Provided,  however,  that  any  District  Attorney  may  file  an 
amended  indictment  whenever  an  indictment  has,  by  a  ruling  of  the 
court,  been  held  to  be  defective  in  form. 


116  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED    BY 

CHARLES  H.  CAREY,  C.  E.  S.  WOOD,  W.  S.  U'REN,  JOHN  BAIN, 

C.  S.  JACKSON,  L.  A.  McNARY,  JOSEPH  N.  TEAL,  BEN 

SELLING,  EMANUEL  SICHEL,  H.  J.  PARKISON, 

in  favor  of  the  measure  designated  on  the  official  ballot   as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

For  constitutional  amendment  providing  for  the  choos- 
ing of  jurors  and  grand  jurors,  and  that  no  person 
can  be  charged  in  the  Circuit  Courts  with  the  com- 
mission of  a  crime  or  a  misdemeanor  except  upon 
indictment  found  by  a  grand  jury,  except  when  a 
court  holds  an  indictment  to  be  defective,  the  Dis- 
trict Attorney  may  file  an  amended  indictment.  Vote  YES  or  NO. 


334.  Yes. 


335.  No. 


ARGUMENT  IN  FAVOH  OF  ABOVE  AMENDMENT. 

Under  the  present  law,  any  district  attorney  can  file  an  information 
against  a  man  for  any  crime,  from  murder  down.  The  accused  is  not 
entitled  of  right  to  any  preliminary  hearing  and  the  first  he  knows  of 
the  matter  may  be  his  arrest.  He  may  never  be  tried  at  all,  the  informa- 
tion or  indictment  may  be  dismissed,  and  yet  his  record  is  blackened.  It 
may  be  that  it  is  not  intended  from  the  start  that  he  ever  should  be  tried, 
but  the  information  is  issued  to  serve  some  political  purpose,  private 
revenge  or  the  scheme  of  a  ring  hostile  to  the  victim.  It  is  un-American. 
It  is  too  much  like  the  despotism  of  Russia  and  it  is  too  much  power  to 
be  vested  in  the  hands  of  any  one  man.  The  whole  history  of  Anglo- 
Saxon  institutions  is  a  battle  against  this  very  thing:  the  power  of  one 
man  to  brand  another  with  crime  and  lodge  him  in  prison.  It  is  a  return 
to  the  Star  Chamber  decrees  of  Charles  I  and  the  time  was  when  English- 
men and  Americans  thought  no  time  or  money  thrown  away  which  pro- 
tected every  citizen  from  arbitrary  arrest  and  arbitrary  arraignment 
and  trial  at  the  will  of  a  single  man.  In  England  the  same  jealousy 
exists  today,  and  no  man  can  be  brought  to  trial  save  on  an  indictment 


Submitted  to  Voters  of  Oregon  June  1,  1908   117 

by  a  grand  jury.  The  fathers  of  our  country  were  careful  to  write  that 
into  the  United  States  Constitution,  but  it  is  not  yet  an  article  of  the 
State  Constitution.  The  time  has  come  when  it  should  be  there,  for  the 
time  will  inevitably  come  when  wealth  and  great  interests  will  seek  to 
shut  the  mouth  of  every  man  who  is  against  them;  and  if  we  may  judge 
the  future  by  the  past,  the  powerful  interests  are  apt  to  control  the 
political  offices,  including  the  district  attorney. 

The  only  argument  urged  against  this  amendment  is  that  the  present 
plan  is  cheaper.  If  the  citizens  of  Oregon  prefer  a  few  dollars  to  a  great 
fundamental  principle  of  personal  liberty,  then  they  certainly  do  not 
deserve  their  liberties  and  they  might  as  well  be  left  open  to  the  whims, 
vengeance,  mistakes  or  political  intrigues  of  any  district  attorney.  The 
citizens  of  this  country  will  make  a  great  mistake  if  they  let  go  that 
part  of  the  administration  of  the  law  which  belongs  tc^  them  through  the 
grand  jury  and  the  petty  jury,  and  we  repeat  that  this  present  arbitrary 
power  lodged  in  one  man  is  un-American  and  dangerous. 

CHAS.  H.  CAREY, 
W.  S.  U'REN, 
C.   S.   JACKSON, 
JOSEPH  N.  TEAL, 
C.  E.  S.  WOOD, 
JOHN    BAIN, 
L.  A.  McNARY, 
BEN  SELLING, 
EMANUEL   SICHEL, 
H.  J.   PARKISON. 
(Endorsed)  — 

Filed  February  3,  1908. 

F.  W.  Benson,  Secretary  of  State. 


118  Pamphlet  Containing  Measures  to  be 


A   BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO   BE   HELD 

On  the  First  Day  of  June,  1908, 

To  propose  by  initiative  petition  a   law  to  create  the  County  of  Hood 
River   and  to   fix  the  salaries   of   the   officers   thereof. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  January 

30,   1908,  in  accordance  with  the  provisions  of  Chapter 

226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The   following  is   the   form  and   number   in   which   the   question   will   be 

submitted  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


A  bill  for  an  act  to  create  the  County  of  Hood  River 
out  of  the  western  portion  of  Wasco  County;  pro- 
viding for  its  organization  and  fixing  the  salaries  of 
the  officers  thereof.  Vote  YES  or  NO. 

336.  Yes. 

337.  No. 


Submitted  to  Voters  of  Oregon  June  1,  1908        119 

_ 

[On  Official  Ballot,  Nos.  336  and  337.] 

A  BILL 

To  propose  by   initiative  petition   a  law  to  create  the  County  of   Hood 
River  and  to  fix  the  salaries  of  the  officers  thereof. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  all  that  portion  of  the  State  of  Oregon  embraced 
within  the  following  boundary  lines  be  and  the  same  is  hereby  created 
and  organized  into  a  separate  county  by  the  name  of  Hood  River,  to-wit: 
Beginning  at  a  point  in  the  middle  of  the  channel  of  the  Columbia  River 
opposite  the  meander  corner  between  sections  three  and  four,  township 
two  north,  range  eleven  east  of  Willamette  Meridian,  then  running  south 
along  the  section  line  between  sections  three  and  four  and  said  line  ex- 
tended to  a  point  on  the  base  line  at  the  southeast  corner  of  section  thirty- 
three,  in  township  one  north,  range  eleven  east,  Willamette  Meridian, 
thence  west  along  said  base  line  to  the  northeast  corner  of  township  one 
south,  range  ten  east  of  Willamette  Meridian,  thence  south  along  the 
township  line  to  the  southeast  corner  of  township  three  south,  range  ten 
east  of  Willamette  Meridian,  thence  west  along  the  south  line  of  township 
three  south,  range  ten  east  and  said  line  extended  along  the  south  side 
of  township  three  south,  range  nine  east  of  Willamette  Meridian,  to  the 
summit  of  the  Cascade  Mountains,  and  the  line  between  Clackamas  and 
Wasco  counties;  thence  northerly  along  the  summit  of  the  Cascade  Moun- 
tains and  along  the  line  between  Clackamas  and  Wasco,  and  between 
Multnomah  and  Wasco  counties  to  the  middle  of  tlie  channel  of  the 
Columbia  River  and  the  northwest  corner  of  Wasco  County;,  thence  in 
a  general  easterly  course  along  the  center  of  the  channel  of  the  Columbia 
River  to  the  place  of  beginning. 

Section  2.  That  the  territory  embraced  within  the  said  boundary  shall 
compose  a  county  for  all  civil  and  military  purposes  and  shall  be  subject 
to  the  same  laws  and  restrictions  and  be  entitled  to  elect  the  same  officers 
as  other  counties  of  this  State;  provided,  that  it  shall  be  the  duty  of  the 
Governor,  as  soon  as  it  shall  be  convenient  after  this  act  shall  have 
become  a  law,  to  appoint  for  Hood  River  County  and  from  its  citizens  the 
several  county  officers  allowed  by  the  law  to  other  counties  in  this  State, 
which  said  officers,  when  duly  qualified  according  to  law,  shall  be  entitled 
to  hold  their  respective  offices  until  their  successors  are  duly  elected  at 
the  general  election  of  1910  and  are  duly  qualified  according  to  law. 

Section  3.  The  temporary  county  seat  of  Hood  River  County  shall  be 
located  at  Hood  River  in  said  county  until  a  permanent  location  shall  be 
adopted.  At  the  next  general  election  the  question  shall  be  submitted  to 
the  legal  voters  of  said  county,  and  the  place,  if  any,  which  shall  receive 
a  majority  of  all  the  votes  cast  at  said  election,  shall  be  the  permanent 
county  seat  of  said  county.     But  if  no  place  shall  receive  a  majority, of 


120  Pamphlet  Containing  Measures  to  be 

all  votes  cast,  the  question  shall  again  be  submitted  to  the  legal  voters 
of  said  county  at  the  next  general  election,  but  between  the  two  points 
having  the  highest  number  of  votes  at  said  election,  and  the  place  receiv- 
ing the  highest  number  of  votes  at  such  last  election  shall  be  the  perma- 
nent county  seat  of  said  county. 

Section  4.  Said  county  of  Hood  River  shall  for  representative  pur- 
poses bp  annexed  to  the  Twenty-ninth  Representative  District,  and  for 
senatorial  purposes  said  county  shall  be  annexed  to  the  Sixteenth  Sena- 
torial District,  being  the  representative  and  senatorial  districts,  respect- 
ively, formerly  constituted  by  Wasco  County. 

Section  5.  The  county  clerk  of  Wasco  County  shall,  within  thirty  days 
after  this  law  shall  have  gone  into  operation,  make  out  and  deliver  to  the 
county  clerk  of  Hood  River  County  a  transcript  of  all  taxes  assessed  upon 
all  persons  and  property  within  said  Hood  River  County,  which  were 
previously  included  within  the  limits  of  Wasco  County,  and  all  taxes 
which  shall  remain  unpaid  upon  the  day  this  act  shall  become  a  law,  shall 
be  paid  to  the  proper  officers  of  Hood  River  County.  The  clerk  of  Wasco 
County  shall  also  make  out  and  deliver  to  the  county  clerk  of  Hood  River 
County,  within  the  time  above  limited,  a  transcript  of  all  cases  pending 
in  the  circuit  and  county  courts  of  Wasco  County  between  parties  residing 
in  or  concerning  property  located  in  Hood  River  County  and  transfer  all 
original  papers  in  said  cases  to  be  tried  in  Hood  River  County. 

Section  6.  The  county  court  of  Hood  River  County  shall  be  held  at 
the  county  seat  on  the  first  Monday  in  January,  April,  July  and  October 
of  each  year. 

Section  7.  The  said  county  of  Hood  River  is  hereby  attached  to  the 
Seventh  Judicial  District  for  judicial  purposes,  and  the  terms  of  the 
circuit  court  for  said  county  shall  be  held  at  the  county  seat  commencing 
on  the  first  Monday  in  July  and  the  second  Monday  in  January  of  each, 
year. 

Section  8.  Until  otherwise  provided  by  law  the  county  judge  of  Hood 
River  County  shall  receive  an  annual  salary  of  $300.00;  the  county  clerk 
of  said  county  shall  receive  an  annual  salary  of  $1,200.00;  the  sheriff 
shall  receive  an  annual  salary  of  $1,200.00;  and  the  treasurer  shall  receive 
an  annual  salary  of  $100.00.  The  county  school  superintendent  shall  re- 
ceive an  annual  salary  of  $400.00;  and  the  assessor  shall  receive  an 
annual  salary  of  $900.00,  and  the  county  commissioners  of  said  county 
shall  receive  $3.00  •  per  day  for  the  time  actually  employed  in  county 
business,  and  mileage  at  the  rate  of  ten  cents  per  mile  each  way  when 
required  to  travel  on  county  business. 

Section  9.  The  law  relating  to  trespass  of  sheep  and  other  animals 
shall  be  the  same  in  Hood  River  County  as  now  maintains  in  Wasco 
County. 

Section  10.  The  county  judge  of  Hood  River  County  shall  let  by  con- 
tract to  the  lowest  responsible  and  efficient  bidder,  the  work  of  transcrib- 
ing all  records  of  Wasco  County,  affecting  real  estate  situate  in  Hood 
River  County,  and  when  completed  they  shall  be  examined  and  certified 


^'UBMITTED  TO  VOTERS  OF  OREGON  JUNE  1,  1908  121 


to  by  the  clerk  of  Hood  River  County,  and  shall  thereafter  be  recognized 
and  acknowledged  as  the  official  records  of  Hood  River  County  j  provided, 
the  clerk  of  Hood  River  County  shall  be  allowed  to  bid  upon  such  work. 

Section  11.  It  shall  be  the  duty  of  the  superintendent  of  schools  of 
Wasco  County,  within  thirty  days  after  the  appointment  of  a  superin- 
tendent of  schools  for  Hood  River  County,  to  make  out  and  forward  to 
said  superintendent  of  schools  of  Hood  River  County  a  true  and  correct 
transcript  or  abstract  of  the  annual  reports  of  the  clerks  of  the  various 
school  districts  embraced  within  Hood  River  County.  The  commissioners 
hereinafter  appointed  to  adjust  the  property  and  financial  interests  of 
Wasco  and  Hood  River  counties  shall  at  the  same  time  ascertain  what,  if 
any,  sum  of  money  belonging  to  the  school  fund  is  in  the  hands  of  the 
treasurer  of  Wasco  County  which  should  be  paid  to  Hood  River  County, 
And  said  sum,  if  any,  shall  be  paid  to  the  county  school  superintendent 
of  Hood  River  County  within  thirty  days  after  such  award. 

Section  12.  The  county  treasurer  of  Hood  River  County  shall,  not 
later  than  October  15,  1908,  pay  over  to  the  treasurer  of  Wasco  County 
the  full  amount  of  State  tax  of  the  assessment  of  1907,  due  from  citizens 
of  Hood  River  County. 

Section  13.  The  treasurer  of  Hood  River  County  shall  within  one  year 
after  its  organization  by  the  appointment  of  its  officers  as  hereinbefore 
provided,  assume  and  pay  to  the  county  of  Wasco  a  pro  rata  proportion 
of  the  remaining  indebtedness,  if  any,  of  Wasco  County  after  deducting 
therefrom  the  amount  of  money  that  has  been  collected  in  taxes  from 
the  territory  taken  from  Wasco  County  by  this  law  and  included  in  the 
county  of  Hood  River  and  expended  by  the  said  county  of  Wasco  for 
public  buildings;  provided,  that  if  when  this  law  goes  into  effect,  there  is 
no  indebtedness  of  Wasco  County,  then  Hood  River  County  shall  be  en- 
titled to  credit,  and  Wasco  County  shall  pay  to  Hood  River  County  the 
amount  of  money  that  has  been  collected  in  taxes  from  the  territory  taken 
from  Wasco  County  by  this  law  and  included  in  the  county  of  Hood  River, 
and  expended  by  the  said  Wasco  County  for  public  buildings;  provided, 
further,  that  if,  when  this  law  takes  effect  and  after  the  payment  of  all 
indebtedness  and  expenses  of  Wasco  County  up  to  that  time,  thore  shall 
be  a  balance  of  money  in  the  hands  of  the  treasurer  of  Wasco  County, 
then  and  in  that  event  the  county  treasurer  of  Wasco  County  shall  within 
thirty  days  after  this  law  takes  effect,  or  within  thirty  days  after  the 
amount  thereof  shall  be  determined  by  the  commissioners  hereinafter  ap- 
pointed, pay  to  the  treasurer  of  Hood  River  county  such  proportion  of 
the  balance  so  in  the  hands  of  the  treasurer  of  Wasco  County,  after  the 
payment  of  indebtedness  and  expenses  aforesaid,  as  the  total  value  oi' 
property  in  Hood  River  County  bears  to  the  total  value  of  property  in 
Wasco  County,  according  to  the  assessment  of  1907. 

Section  14.  The  county  judge  of  Wasco  County  and  the  county  judge 
of  Hood  River  County  and  Charles  H.  Sproat  of  Hood  River  County  are 
hereby  appointed  a  board  of  commissioners  to  determine  the  value  of  the 
county  buildings  in  Wasco  County,  the  amount  of  indebtedness,  if  any,  to 


122  Pamphlet  Containing  Measures  to  be 


be  assumed  by  Hood  River  County,  and  paid  to  Wasco  County,  and  the 
amount  of  money  that  may  be  due  from  Wasco  County  to  Hood  River 
County,  under  the  terms  of  section  13  of  this  law.  Said  board  shall  meet 
at  the  county  seat  of  Wasco  County  on  the  22d  day  of  June,  1908,  or 
within  ten  days  thereafter,  and  after  taking  and  subscribing  an  oath 
faithfully  to  discharge  their  duties,  shall  proceed  with  such  work  and 
when  it  is  completed,  shall  file  reports  of  their  conclusions  in  duplicate 
with  the  clerks  of  Wasco  and  Hood  River  counties.  In  case  a  vacancy 
occurs  in  said  board  the  same  shall  be  filled  by  appointment  by  the 
Governor  of  the  State  of  Oregon. 

Section  15.  Within  thirty  days  after  the  filing  of  such  report  either 
county  may  appeal  from  the  decision  of  said  board  to  the  circuit  court  of 
Wasco  County,  by  serving  notice  of  appeal  upon  the  clerk  of  the  other 
county  interested.  Upon  perfecting  the  issue  in  said  circuit  court,  either 
county  may  demand  a  change  of  venue  to  any  other  county  in  the  Seventh 
Judicial  District  of  the  State  of  Oregon,  or  other  circuit  of  the  State  of 
Oregon,  for  any  county  which  may  be  agreed  upon  by  said  counties;  or  in 
the  event  of  a"  disagreement,  to  any  county  which  may  be  designated  by 
the  judge  of  said  district.  The  trial  may  be  by  jury  and  the  judgement 
rendered  may  be  enforced  as  other  judgments  against  counties.  If  the 
county  appealing  fails  to  receive  a  more  favorable  judgment  than  the 
finding  of  the  board  appealed  from  by  at  least  $500.00,  it  shall  pay  the 
cost  of  the  appeal.  If  no  appeal  be  taken  by  either  party  within  the 
thirty  days  above  provided,  the  findings  of  said  board  shall  be  conclusive. 
The  members  of  said  board  shall  receive  $3.00  per  day  for  each  day 
actually  employed  and  the  same  mileage  as  a  witness  in  the  circuit  court. 
The  expense  incurred  by  above-mentioned  board  shall  be  borne  equally  by 
the  two  counties. 


Submitted  to  Voters  of  Oregon  June  1,  1908        123 

ARGUMENT 

(affirmative) 

SUBMITTED   BY 

THE   HOOD   RIVER  COMMERCIAL  CLUB 
in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  an  act  to  create  the  County  of  Hood  River 
out  of  the  western  portion  of  Wasco  County;  pro- 
viding for  its  organization  and  fixing  the  salaries  of 
the  officers  thereof.  Vote  YES  or  NO. 

336.  Yes. 

337.  No. 

ARGUMENT  SUBMITTED  BY  HOOD  RIVER  COMMERCIAL  CLUB 
In  Favor  of  Initiative  Bill  No.  336,  No.  337,  for  the  Creation 

of  Hood  River  County. 

This  bill  is  submitted  under  the  initiative  for  the  following,  among 
other,  reasons: 

In  1906  section  2  of  Article  XI  of  the  Constitution  of  Oregon  was 
amended  so  as  to  read,  so  far  as  this  question  is  concerned,  as  follows: 
"Corporations  may  be  formed  under  general  laws,  but  shall  not  be 
created  by  the  Legislative  Assembly  by  special  laws     *     *     *" 

This  section  of  the  Constitution  originally  read  as  follows:  "Corpora- 
tions may  be  formed  under  general  laws,  but  shall  not  be  created  by 
special  laws,  except  for  municipal  purposes     *     *     *" 

This  change  in  the  Constitution  absolutely  prohibits  the  Legislative 
Assembly  from  creating  a  county  by  a  law  passed  for  that  purpose  alone. 
All  the  Legislature  can  do  is  to  pass  a  general  law  under  the  terms  of 
which  any  community  in  the  State  may,  by  complying  with  its  pro- 
visions, organize  a  new  county.  A  county  is  a  public  corporation  and  it 
is  apparent  that  said  section  2  of  article  XI,  as  amended,  reserves  to  the 
people  the  right  to  create  a  county  by  initiative  vote. 

There  is  no  general  law  for  the  creation  of  counties  now,  and  no  one 
knows  M'hen,  if  ever,  there  will  be  one.  The  facts  as  to  area,  population 
and  assessed  valuation  submitted  herewith,  show,  as  we  believe,  that  we 
are  able  to  maintain  a  county  government.  Out  of  a  population  of  about 
7,.500  the  desire  of  a  county  for  the  Hood  River  country  is  earnest  and 


124       Pamphlet  Containing  Measures  Submitted 


unanimous  with  the  exception  of  a  small  fraction  of  one  per  cent.  We  are 
assured  by  leading  citizens  of  The  Dalles,  Dufur,  and  other  portions  of 
Wasco  County  that  they  have  no  objections  to  the  creation  of  Hood  River 
County  as  proposed  in  this  bill.  More  than  400  residents  of  The  Dalles 
and  Dufur  have  signed  the  petitions  asking  that  this  bill  be  submitted  to 
a  vote  at  the  June  election,  though  forty-five  names  from  Dufur  were 
received  too  late  to  be  filed  with  the  Secretary  of  State. 

The  people  of  the  Hood  River  Country  therefore  ask  favorable  con- 
sideration of  the  voters  of  the  State  upon  this  bill  for  these,  among  other, 
reasons : 

Because  the  new  county  will  be  a  great  benefit  to  the  people  residing 
therein  and  will  facilitate  the  transaction  of  their  county  business. 

Because  as  the  law  stands  a  county  cannot  be  created  by  the  Legisla- 
ture; and  finally 

Because  the  people  of  The  Dalles  and  the  balance  of  Wasco  County, 
we  are  informed  and  believe,  are  willing  that  Hood  River  County  may 
be  created  as  provided  in  this  bill. 

The  assessed  valuation  in  the  proposed  Hood  River  County  in  1903 
was  $908,568.00;  in  1906  was  $1,61?,670,  showing  a  gain  in  valuation 
from  1903  to  1906  of  $710,102.00,  or  about  78  per  cent.  The  valuation  in 
1907  was  $2,762,250.00;  a  gain  over  1906  of  $1,143,580.00,  or  about  70 
per  cent,  showing  the  proportionate  increase  in  one  year  from  1906  to 
1907  to  be  almost  as  great  as  that  in  three  years  from  1903  to  1906. 

The  proposed  Hood  River  County  has  a  population  of  about  7,500;  an 
area  of  about  500  square  miles;  and  twenty  school  houses,  seven  of  which 
are  graded  schools  having  from  two  to  eight  rooms  each  and  with  a 
$30,000.00  high  school  under  construction. 

There  will  be  left  in  Wasco  County,  after  Hood  River  County  is  created, 
an  area  of  1,646  square  miles;  a  population  of  11,500;  and  a  valuation  of 
$5,457,720.00,  thus  leaving  it  among  the  largest  and  strongest  counties^ 
of  the  State. 

The  tax  levy  on  the  1907  valuation  is  14  mills,  which  would  raise  in 
the  proposed  Hood  River  County  $38,671.50,  which  is  ample  to  pay  the 
expenses  of  operating  Hood  River  County  and  leave  a  substantial  balance. 
Respectfully  submitted, 

HOOD  RIVER  COMMERCIAL  CLUB, 

By  A.  A.  JAYNE,  President. 
By  P.  S.  Davidson,  Secretary. 
Charles  T.  Early    v 
W.  L.  Clark  ( 

Truman  Butler  Directors. 

E.  O.  Blanchar         V 
Charles  Hall  ' 

(Endorsed)  — 

Filed  February  3,  1908. 

F.  W.  Benson,  Secretary  of  State. 


INDEX. 


PAGE 

Acts: 

Armories,  building  of 17 

Argument,   negative    ., 19 

Common  carriers,  to  grant  free  transportation  to  certain  officers  14 

Argument,   negative   19 

Elections,  regulation  of  76 

Argument,   affirmative   ....: 98 

Hood  River  County,  creation  of  118 

Argument,   affirmative    123 

Legislature,    instructing    members    thereof    to    vote    for    U.    S. 

Senators  72 

Argument,  affirmative   98 

Prisoners,  custody  and  board  of  in  counties  of  over  100,000  in- 
habitants  .- 12 

Salmon    and    sturgeon,   act    regulating    fishing   therefor   in    the 

Columbia  River  and  tributaries 44 

Argument,    affirmative   47 

Argument,   negative   52 

Salmon    and    sturgeon,    act    regulating   fishing   therefor    in   the 

Columbia  River  and  tributaries   105 

Argument,   affirmative 107 

Argument,   negative    110 

University  of  Oregon,  for  maintenance  of 22 

Argument,   affirmative   24 

Argument,  negative   32 

Amendments  to  the  Constitution:  (See  Constitutional  Amendments.) 

Armories,  building  of 17 

Argument,  negative   19 

Bills:   (See  Acts.) 

Cities  and  Towns,  exclusive  regulation  of  theatres,  etc 58 

Argument,   affirmative   60 

Argument,   negative  61 

Common  Carriers,  to  grant  free  transportation  to  certain  officers....  14 

Argument,   negative   19 

Constitutional  Amendments: 

Cities  and  towns,  exclusive  regulation  of  theatres,  etc 58 

Argument,   affirmative  _ 60 

Argument,   negative 61 

Elections,  changing  time  of  general  biennial  10 

Equal  suffrage  36 

Argument,   affii^mative   38 

Argument,   negative 42 

Grand  Jury,  providing  for  the  choosing  of 114 

Argument,   affirmative 116 

Legislature,  increasing  compensation  of  members  of... 2 

Public  officers,  provision  for  discharge  of 70 

Argument,   affirmative 98 


126  Index 

Constitutional  Amendments — Continued.  page 

Public  offices,  proportional  representation  in  74 

Argument,   affirmative   98 

State  institutions,  location  of  4 

Supreme  Court,  increasing  number  of  judges  of 6 

Taxation,  exempting  certain  property  from 63 

Argument,   affirmative 65 

Elections: 

Changing  time  of  general  biennial  10 

Regulation  of 76 

Argument,   affirmative   98 

Equal  Suffrage  36 

Argument,   affirmative   38 

Argument,  negative 42 

Grand  Jury,  providing  for  the  choosing  of 114 

Argument,   affirmative 116 

Hood, River  County,  creation  of 118 

Argument,   affirmative   123 

Legislature  : 

Increasing  compensation  of  members  of 2 

Instructing  members  thereof  to  vote  for  U.  S.  Senators 72 

Argument,   affirmative 98 

Measures:   (See  Acts-and  Constitutional  Amendments.) 

Prisoners,   custody   and   board   of  in   counties   of   over   100,000   in- 
habitants        12 

Public  Officers,  provision  for  discharge  of 70 

Argument,   affirmative   98 

Public  Offices,  proportional  representation  in  74 

Argument,   affirmative   98 

Salmon  and  Sturgeon: 

Regulating  fishing  therefor  in  Columbia  River  and  tributaries     44 

Argument,   affirmative    47 

Argument,   negative  ^2 

Regulating  fishing  therefor  in  Columbia  River  and  Tributaries  105 

Argument,   affirmative   107 

Argument,   negative   110 

Senators,   United   States,  instructing  members  of  Legislature  to 

vote  for  72 

Argument,   affirmative  ,.— 98 

State  Institutions,  location  of 4 

Suffrage,  Equal   36 

Argument,   affirmative   , 38 

Argument,   negative  42 

Supreme  Court,  increasing  number  of  judges  of 6 

Taxation,  exempting  certain  property  from 63 

Argument,  affirmative   65 

United  States  Senators,  instructing  Legislature  to  vote  for 72 

Argument,  affirmative   98 

University  of  Oregon,  for  maintenance  of 22 

Argument,   affirmative   24 

Argument,   negative 32 


STATE    OF    OREGON 


A    PAMPHLET 

Containing  a  Copy  of  All  I^ea.svLYes  "Referred  to  tlie 
People  by  the  Legislative  Assembly,"  "Refer- 
endnm  Ordered  by  Petition  of  the  People,"  and 
"Proposed  by  Initiative  Petition," 

To  be  submitted  to  the  Legal  Voters  of  the  State  of  Oregon 
for  their  approval  or  rejection 

AT  THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TOGETHER  WITH  THE  ARGUMENTS  FILED,  FAVORING  AND 
OPPOSING  CERTAIN  OF  SAID  MEASURES 


COMPILED   AND   ISSUED   BY 
FRANK  W.  BENSON,  Secretary  of  State 

(Publication  authorized  under  Chapter  226,  Laws  of  1907.) 


'■■2i 


SALEM,    DBBGON 

WILrLIS   S.    DUNIWAT,   8TATB  PRINTBR 

1910 


2  Pamphlet  Containing  Measures  to  be 

AN     AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

regular  general  election 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO   AMEND 

Section  2  of  Article  II 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  Septem- 
ber 16,  1908,  in  accordance  with  the  provisions  of  Chapter 
226,  General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which   the  question  will   be 

printed  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


Women's  taxpaying  suffrage  amendment,  granting  to 

taxpayers,  regardless  of  sex,  the  right  of  suffrage.      Vote  YES  or  NO. 


300.  Yes. 

301.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910      3 


[On  Official  Ballot,  Nos.  300  and  301.] 
TAXPAYERS'  SUFFRAGE  AMENDMENT. 

Section  2  of  Article  II  of  the  Constitution  of  the  State  of  Oregon  shall 
be  and  hereby  is  amended  to  read  as  follows: 

Section  2.  In  all  elections  not  otherwise  provided  for  by  this  Consti- 
tution, every  citizen  of  the  United  States,  of  the  age  of  twenty-one  years 
and  upwards,  who  shall  have  resided  in  the  State  during  the  six  months 
immediately  preceding  such  election,  and  every  person  of  foreign  birth  of 
the  age  of  twenty-one  years  and  upwai'ds,  who  shall  have  resided  in  this 
State  during  the  six  months  immediately  preceding  such  election  and 
shall  have  declared  his  intention  to  become  a  citizen  of  the  United  States 
one  year  preceding  such  election,  conformably  to  the  laws  of  the  United 
States  on  the  subject  of  naturalization,  shall  be  entitled  to  vote  at  all 
elections  authorized  by  law;  it  is  expressly  provided  hereby  that  no 
citizen  who  is  a  taxpayer  shall  be  denied  the  right  to  vote  on  account 
of  sex. 

Filed  September  16,  1908. 

F.  W.  Benson,  Secretary  of  State. 


Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

OREGON   STATE   EQUAL   SUFFRAGE  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 
Women's  taxpaying  suffrage  amendment,  granting  to 

taxpayers,  regardless  of  sex,  the  right  of  suffrage.       Vote  YES  or  NO. 

300  Yes^ 

301  ~No.  ' 

ARGUMENT    IN    BEHALF    WOMEN    CITIZENS'    SUFFRAGE 

AMENDMENT. 

OREGON  STATE  EQUAL  SUFFRAGE  ASSOCIATION 

Honorary  President — Mrs.  Henry  Waldo  Coh 
Member  of  National  Committee — Mrs.  Sarah  A.  Evans 
Mrs.  Abigail  Scott  Dunlway.  Pres.  Miss  Elma  Buckman.  Finnncial  Secy. 

292  Clay  St..  Portland.  Or.  42   E.   18th  St.   N..   Portland,  Or. 

Mrs.  Elizabeth  Lord,  V.-P.  at  Large  Mrs.  W.  E.  Potter.   Treasurer 

The   Oalles,   Or.  Hunter's  Station,  Portland,  Or. 

Mrs.  C.  M.  Cartwright,   Vice-Prea.  auditors. 

215   Seventh  St..  Portland,  Or.      Mrs.  F.  Eggert 
Miss  Myrtle  Pease,  Cor.  Secretary  The  Hobart-Curti.?,  Portland,  Or. 

4 on  Tenth  St.,  Portland,  Or.      Mrs.  M.  A.  Dalton, 
Miss  Elma  Buckman,  Rec.  Secretary  300  24th  St.  N.,  Portland,  Or. 

42  E.  18th  St.  N.,  Portland,  Or.      Mrs.    Imogene  Bath.   Hillsboro,   Or. 

Portland,  Oregon,  June  30th,  1910. 
To  the  Secretary  of  State: 

The  many  taxpaying  women  citizens  of  Oregon  who  appeal  to  the  voters 
at  large  for  their  enfranchisement,  beg  to  remind  them  that  the  right  of 
suffrage  is  being  rapidly  extended  to  the  women  citizens  of  civilized 
countries  throughout  the  world.  It  is  now  in  force  in  the  states  of 
Wyoming,  Colorado,  Utah,  and  Idaho  in  our  o\Am  country,  and  has  re- 
ceived the  endorsement  of  leading  men  and  women  whei-ever  it  has  been 
tried.  Women  under  present  industrial  conditions,  forced  upon  them  by 
circumstances  beyond  their  control,  are  compelled  to  compete  with  men 
for  a  livelihood  in  rapidly  increasing  numbers  every  year. 

A  disfranchised  class,  brought  necessarily  into  ruinous  competition 
with  an  enfranchised  class,  creates  demoralization  in  business,  and  works 
especial  hardship  upon  all  men  and  women  who  toil  for  a  livelihood,  thus 
adding  an  evei*-increasing  menace  to  the  stability  of  the  home. 

Women  who  are  supported  in  idleness  and  luxury  do  not  feel  the  need 
of  the  ballot,  and  some  of  them  say  they  do  not  desire  it.  But  that  is  no 
reason  why  they  should  seek  to  deprive  other  women  of  their  right  of 
choice.  Any  sane  man  or  woman  can  understand  why  an  idle  woman, 
whose  mind  is  filled  with  life's  frivolities,  may  not  care  to  vote.  But 
no  one  possessed  of  safe  or  sane  reasoning  power  can  comprehend  the 
motive  that  impels  any  woman  who  says  she  does  not  want  to  vote  to 
attempt  preventing  any  woman  from  voting  who  wants  to  vote. 

Oregon  has  now  the  opportunity  to  lead  the  world  in  a  safe  and  con- 
servative extension  of  the  elective  franchise  to  every  woman  who  is  taxed 
to  support  the  government,  and  we  earnestly  hope  we  shall  not  be  com- 
pelled to  repeat  this  appeal  in  Nineteen  Hundred  and  Twelve. 

By  order  of  the  Oregon  State  Equal  Suffrage  Association. 

ABIGAIL   SCOTT   DUNIWAY,   President. 
ELMA  BUCKMAN,  Recording  Secretary. 


Submitted  to  Voters  of  Oregon  November  8,  1910      5 


ARGUMENT 

(negative) 

SUBMITTED  BY 

OREGON  STATE  ASSOCIATION  OPPOSED  TO  THE  EXTENSION 
OF  THE  SUFFRAGE  TO  WOMEN, 

opposing  the  measure  designated  on  the  official  ballot  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

Women's  taxpaying  suffrage  amendment,  granting  to 

taxpayers,  regardless  of  sex,  the  right  of  suffrage.      Vote  YES  or  NO. 

Yes. 


301. 


No. 


ARGUMENT  AGAINST  SUFFRAGE  AMENDMENT. 

BALLOT  TITLE  MISLEADING. 

To  the  Electors  of  Oregon: 

The  effect  of  the  foregoing  proposed  amendment  is  to  give  the  ballot 
to  all  women  residing  in  Oregon  who  are  of  age  and  are  American  born 
or  naturalized.  This  becomes  perfectly  clear  on  comparing  the  proposed 
amendment  with  the  present  provision  of  the  Oregon  Constitution,  which 
we  print  in  parallel  columns: 


PROPOSED  AMENDMENT, 

2.  In  all  elections  not  othei'wise 
provided  for  by  this  Constitution, 
every  citizen  of  the  United  States, 
of  the  age  of  twenty-one  years  and 
upwards,  who  shall  have  resided  in 
the  State  during  the  six  months 
immediately  preceding  such  elec- 
tion, and  every  person  of  foreign 
birth  of  the  age  of  twenty-one 
years  and  upwards,  who  shall  have 
resided  in  this  State  during  the  six 
months  immediately  preceding  such 
election,  and  shall  have  declared 
his  intention  to  become  a  citizen  of 
the  United  States  one  year  preced- 
ing such  election,  conformably  to 
the  laws  of  the  United  States  on 
the  subject  of  naturalization,  shall 
be  entitled  to  vote  at  all  elections 
authorized  by  law;  it  is  expressly 
provided  hereby  that  no  citizen  who 
is  a  taxpayer  shall  be  denied  the 
right  to  vote  on  account  of  sex. 

Women  and  children  are  citizens  and  persons.     The  only  effect  of  the 
foregoing  proposed  amendment,  therefore,  is  to  take  the  word  "male"  out 


PRESENT  CONSTITUTION. 
2.  In  all  elections  not  otherwise 
provided  for  by  this  Constitution, 
every  white  male  citizen  of  the 
United  States,  of  the  age  of  twenty- 
one  years  and  upwards,  v/ho  shall 
have  resided  in  the  State  during 
the  six  months  immediately  preced- 
ing such  election,  and  every  white 
male  of  foreig-n  birth  of  the  age  of 
twenty-one  years  and  upwards,  who 
shall  have  resided  in  this  State  dur- 
ing the  six  months  immediately  pre- 
ceding such  election,  and  shall  have 
declared  his  intention  to  become  a 
citizen  of  the  United  States  one 
year  preceding  such  election,  con- 
formably to  the  laws  of  the  United 
States  on  the  subject  of  naturaliza- 
tion, shall  be  entitled  to  vote  at  all 
elections  authorized  by  law. 


6  Pamphlet  Containing  Measures  to  be 

of  the  qualifications  of  voters  and  give  the  ballot  to  women.  The  last 
clause  in  the  proposed  amendment  about  taxpaying  women  is  pure 
buncombe.  It  adds  nothing  and  detracts  nothing  from  the  preceding 
provisions. 

AN   OLD   STORY. 

Woman  suffrage  is  no  new  proposition  in  Oregon.  It  was  submitted 
to  vote  of  the  people  in  1900  and  beaten  by  a  pluralitj'^  of  2137.  It  was 
submitted  again  in  1906  and  beaten  by  a  majority  of  10,173.  It  was 
again  submitted  in  1908  and  beaten  by  a  decisive  majority  of  21,649. 
These  successive  defeats  by  increasing  votes  show  clearly  that  the  people, 
women  as  well  as  men,  are  opposed  to  woman  suffrage,  for  men  would 
readily  grant  the  ballot  to  women  if  women  as  a  class  desired  it.  It  is 
an  abuse  of  the  initiative  that  this  measure  so  often  and  so  recently  voted 
down  should  be  forced  on  the  ballot  at  every  election.  The  abuse  is  the 
greater  because  of  the  misleading  title  selected  for  the  ballot.  The  average 
voter  on  reading  his  ballot  will  certainly  assume  that  this  amendment 
gives  the  ballot  to  taxpaying  women  only.  Whatever  your  opinions  on 
the  suffrage  question,  if  you  believe  in  fair  play  in  public  atfairs,  you 
should  vote  against  this  amendment,  because  of  this  attempt  of  its  advo- 
cates to  deceive  and  mislead  the  voters. 

SUFFRAGE   DEMORALIZING  TO   WOMEN. 

If  this  amendment  were  to  be  adopted  women  would  lose  that  which 

is  far  more  important  to  them  than  the  ballot.  The  case  has  been  well 

stated  by  one  of  the  great  women  novelists  (Ouida)  : 

"If  equality  in  privileges  be  taken,  equality  in  liability  must  be  enforced 
also.  What  can  be  more  absurd  or  more  unjust  than  that  women  should 
bully  their  way  into  national  parliaments,  share  in  the  public  administra- 
tions, and  fight  in  the  rough  and  tumble  of  public  contests,  yet  all  the 
while  claim  that  precedence  by  virtue  of  their  sex,  and  exact  that  abdica- 
tion in  their  favor  which  has  been  conceded  to  them  out  of  reverence  for 
the  very  inequality  they  so  scornfully  repudiate.  For  a  woman  to  state 
that  she  has  the  right  to  knock  you  out  of  your  seat  in  congress  or 
parliament  and  occupy  your  place  herself,  yet  that  she  has  also  the  right 
to  ex;ject  you  to  give  up  your  seat  in  a  railway  carriage  and  stand  for 
her  accommodation,  is  a  form  of  oppression  as  absurd  as  it  is  illogical. 
The  strength  that  can  achieve  the  political  conquest,  and  the  weakness 
that  can  exact  social  courtesy  cannot  possibly  be  leashed  together.  A 
woman  must  choose  between  the  two." 

SENATOR  ELIHU  ROOT  ON  WOMAN   SUFFRAGE. 

This  thought  has  been  well  expressed  by  Senator  Elihu  Root: 

"In  politics  there  is  struggle,  strife,  contention,  bitterness,  heart-burn- 
ing, excitement,  agitation,  everything  which  is  adverse  to  the  true  char- 
acter of  v^oman.  Woman  rules  today  by  the  sweet  and  noble  influence 
of  her  character.  Put  woman  into  the  arena  of  conflict  and  she  abandons 
these  great  weapons  which  control  the  world,  and  she  takes  into  her  hands, 
feeble  and  nerveless  for  strife,  weapons  with  which  she  is  unfamiliar  and 
which  she  is  unable  to  wield.  Woman  in  strife  becomes  hard,  harsh, 
unlovable,  repulsive;  as  far  removed  from  that  gentle  creature  to  whom 


Submitted  to  Voters  of  Oregon  November  8,  1910      7 


we  all  owe  allegiance  and  to  whom  we  confess  submission  as  the  heaven 
is  removed  from  the  earth.  In  the  divine  distribution  of  powers  the  duty 
and  the  right  of  protection  rests  with  the  male.  It  is  so  throughout 
nature.     It  is  so  with  men." 

CARDINAL   GIBBONS   ON   WOMAN    SUFFRAGE. 

In  an  address  delivered  to  a  graduating  class  at  a  woman's  college  at 
Emmetsburg,  Maryland,  Cardinal  Gibbons  said: 

"I  am  entirely  opposed  to  woman  suffrage,  not  because  I  hate  women, 
for  I  love  them  and  want  them  to  fulfill  the  mission  for  which  God 
intended  them.  If  you  play  in  the  arena  of  politics  you  will  be  covered 
with  its  dust.  If  you  grasp  too  much  you  will  lose  everything.  Nowhere 
is  woman  so  honored  as  in  the  United  States.  This  is  largely  due  to  the 
chivalry  and  courtesy  of  the  men,  and  if  you  are  protected  by  the  malt- 
sex,  what  more  do  you  want? 

"I  want  to  remind  you  that  woman  has  a  great  mission  in  life.  You 
should  therefore  have  a  deep  sense  of  your  responsibility  in  the  domestic 
walks  of  life.  Woe  be  to  society  if  it  had  to  depend  upon  the  male  sex 
alone — it  would  certainly  go  to  the  devil." 

OREGON  STATE  ASSOCIATION  OPPOSED  TO  THE  EXTENSION 
OF  THE  SUFFRAGE  TO  WOMEN. 


Mrs.  Francis  J.  Bailey,  President 
Miss  Failing,  First  Vice-President, 

Portland 
Mrs.   R.   W.   Wilbur,   Second  Vice- 

Pi-esident,  Portland 
Mrs.    Wallace    McCamant,    Treas- 
urer, Portland 
Mrs.  Herbert  Holman,  Portland 
Mrs.  David  Loring,  Portland 


Mrs.  A.  E.  Rockey,  Portland 
Mrs.  L.  Gerlinger,  Dallas 
Mrs.  Thomas  Coates,  Tillamook 
Mrs.  F.  E.  Harlow,  Troutdale 
Mrs.  J.  H.  Tem.pleton,  Prineville 
Mrs.  Thomas  Thompson,  Pendleton 
Mrs.  W.  A.  Howe,  Carlton 
Mrs.  John  W.  Connell,  Hillsboro 
Mrs.   Charles  E.   Wolverton,  Port- 
land 


8  Pamphlet  Containing  Measures  to  be 


AN    ACT 

To  provide  for  the  location,  construction  and  government  of  a   branch 

Insane   Asylum   in   the   Eastern   portion   of   Oregon 

and  appropriating  money  therefor, 

A    MEASURE 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

Proposed   by   the    Legislative    Assembly   and   filed   in   the   office  of   the 

Secretary  of   State   February   23,   1909,   in   accordance  with   the 

provisions  of  Section  1  of  Article  XVII  of  the  Constitution 

of  the  State  of  Oregon,  adopted  by  the  people  June  4,  1906. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is   the  form  and  number  in  which  the  question   will   be 

printed  on  the  official  ballot: 


REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

An  act  authorizing  the  purchase  of  a  site  for  and  the 
construction  and  maintenance  of  a  branch  insane 
asylum  to  be  located,  in  the  discretion  of  the  Board 
of  Trustees  of  the  Oregon  State  Insane  Asylum,  at  or 
within  five  miles  of  either  of  the  following  cities, 
to-wit:  Baker  City,  Pendleton,  or  Union,  in  Eastern 
Oregon,  to  be  called  "The  Eastern  Oregon  State 
Hospital."  Vote  YES  or  NO. 

302.  Yes. 

303.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910     9 


[On  Official  Ballot  Nos.  302  and  303.] 

AN  ACT 

To  provide  for  the  location,  construction  and  government  of  a  branch 
Insane  Asylum  in  the  Eastern  portion  of  Oregon  and  appropriating 
money  therefor. 
Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  The  Governor,  Secretary  of  State  and  State  Treasurer  of 
the  State  of  Oregon,  acting  in  their  capacity  as  a  Board  of  Trustees  of 
the  Oregon  State  Insane  Asylum,  are  hereby  authorized  and  directed  to 
proceed  within  sixty  days  after  this  act  shall  become  a  law  to  locate  a 
site  for  a  branch  insane  asylum,  to  be  known  as  the  Eastern  Oregon 
State  Hospital,  at  some  point  within  five  miles  of  the  City  of  Baker  City, 
in  Baker  county,  Oregon,  or  at  some  point  or  within  five  miles  of  the 
City  of  Pendleton,  Umatilla  county,  Oregon,  or  at  some  point  within 
five  miles  of  the  City  of  Union,  Union  county,  Oregon,  and  shall  contract 
for  and  purchase  in  the  name  of  and  for  the  State  of  Oregon,  at  the 
place  selected  for  said  asylum,  a  suitable  tract  of  land  for  the  building 
of  an  insane  asylum  and  for  purposes  connected  therewith. 

Section  2.  After  acquiring  title  to  the  real  estate  for  the  use  of  the 
said  Eastern  Oregon  Insane  Asylum,  the  said  Board  shall  cause  the  same 
to  be  suitably  graded  and  laid  out  and  shall  cause  to  be  erected  thereon 
all  buildings  and  other  structures  which  may  be  deemed  necessary  to  the 
establishment  and  equipment  of  an  insane  asylum  capable  of  accommodat- 
ing not  less  than  600  patients,  according  to  modern  advanced  and  prac- 
tical methods  of  conductng  such  institutions,  and  planned  with  the  view 
to  the  future  building  of  additions  thereto  if  necessary;  and  said  Board 
shall  have  power  to  appoint  an  architect  to  draw  plans  and  specifications 
and  shall  supervise  the  work,  under  the  direction  and  control  of  said 
Board,  and  said  Board  shall  have  full  power  to  receive  bids,  enter  into 
contracts,  and  do  all  things  necessarj'^  or  advisable  in  the  prosecution  of 
the  work  hereby  contemplated,  including  the  furnishing,  lighting  and 
heating  of  said  buildings  and  said  Board  shall  pi'osecute  the  work  on 
?aid  branch  asylum  with  all  reasonable  dispatch  consistent  with  the 
State's  best  interests. 

Section  3.  Upon  the  completion  of  said  building,  or  prior  thereto,  the 
said  Board  shall  select  and  appoint  a  superintendent  of  said  Eastern 
Oregon  State  Hospital  and  such  assistance,  physicians,  and  attendants 
as  shall  be  necessary,  who  shall  hold  their  positions  during  the  pleasure 
of  said  Board,  and  who  shall  at  once,  on  the  arrival  of  the  insane  at 
the  Eastern  Oregon  State  Hospital  as  hereinafter  provided,  proceed  to 
the  care  and  treatment  of  said  insane  persons.  Such  superintendent, 
assistants,  physicians,  and  attendants  shall  be  subject  to  the  same  laws, 
rules  and  regulations  as  those  then  employed  at  and  in  the  asylum  at 
Salem. 

Section   4.      When  said  building  is  fnlly  completed  and  furnished,  with 


10  Pamphlet  Containing  Measures  to  be 

all  necessary  outbuildings,  adjuncts,  appurtenances,  etc.,  such  proportion 
of  the  insane  then  confined  in  the  Insane  Asylum  at  Salem,  Oregon,  as 
E-aid  Board  may  deem  best,  shall,  under  the  direction  of  said  Board  and 
of  the  superintendent  of  the  Insane  Asylum  at  Salem,  be  removed  and 
tr:ansferred  from  said  Insane  Asylum  at  Salem  to  the  new  Eastern 
Oregon  State  Hospital;  the  selection  of  insane  persons  to  be  so  trans- 
ferred shall  be  made  by  the  said  superintendent  of  the  Asylum  at  Salem, 
but  his  selection  shall  be  subject  to  approval  or  rejection  of  the  said 
Board,  and  in  such  selection,  unless  good  reason  to  the  contrary  appear. 

Section  5.  The  Board  of  Trustees  shall  direct  the  various  counties 
as  to  which  asylum  or  hospital  their  insane  shall  be  sent. 

Section  6.  For  the  purpose  of  carrying  out  the  provisions  of  this  act, 
also  including  the  payment  of  the  salaries  of  officers,  and  employees,  for 
the  maintenance  and  general  and  contingent  expenses  of  the  Eastern 
Oregon  State  Hospital  up  to  and  including  the  31st  day  of  December, 
1912,  there  is  hereby  appropriated  out  of  any  funds  in  the  State  treasury 
not.  otherwise  appropriated  the  sum  of  two  hundred  thousand  dollars, 
or  so  much  thereof  as  may  be  necessary. 

Section  7.  This  act  shall  be  submitted  to  the  legal  voters  of  this  State 
for  their  approval  or  rejection  at  the  next  regular  biennial  election  in 
November,  1910,  in  the  same  manner  as  provided  for  the  submission  of 
proposed  laws  to  the  people  under  the  Initiative  shall  become  a  law  at 
such  time  if  approved  by  the  majority  of  the  legal  voters  voting  hereon. 

Passed  the  House  February  16,  1909. 

C.  N.  McARTHUR,  Speaker  of  the  House. 
Passed  the  Senate  February  19,  1909. 

.JAY  BOWERMAN,  President  of  the  Senate. 
(Endorsed) 
House  Bill  No.  227. 

W.  F.  Drager,  Chief  Clerk. 
Executive  Department,  State  of  Oregon.     Received  February  20,  1909. 
Filed  February  23,  1909. 

F.  W.  Benson,  Secretary  of  State. 


Submitted  to  Voters  op  Oregon  November  8,  1910     11 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

FENDLETON  COMMERCIAL  CLUB,  UNION  COMMERCIAL  CLUB, 

and  BAKER  COMMERCIAL  CLUB, 

in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 


REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

An  act  authorizing  the  purchase  of  a  site  for  and  the 
construction  and  maintenance  of  a  branch  insane 
asylum  to  be  located,  in  the  discretion  of  the  Board 
of  Trustees  of  the  Oregon  State  Insane  Asylum,  at  or 
within  five  miles  of  either  of  the  following  cities, 
to-wit:  Baker  City,  Pendleton,  or  Union,  in  Eastern 
Oregon,  to  be  called  "The  Eastern  Oregon  State 
Hospital."  Vote  YES  or  NO. 

303^  No^ 

ARGUJvIENT  IN  FAVOR  OF  ABOVE  MEASURE. 
House  Bill  No.  227,  providing  for  the  establishment  of  a  Branch  Insane 
Asylum  in  Eastern  Oregon,  was  passed  by  the  Legislative  Assembly  of 
1909,  and  is  submitted  to  the  votei's  of  the  State  as  required  by  the 
amendment  to  the  Constitution  permitting  the  location  of  State  institu- 
tions elsev/here  than  at  the  State  Capital.  The  rcanagement  of  the  present 
asylum  say  it  is  almost  filled  to  its  capacity  now,  and  the  rapid  increase 
in  the  population  of  the  State  makes  the  erection  of  additional  buildings 
an  absolute  necessity.  California  has  asylums  in  six  localities;  Wash- 
ington two,  and  Idaho  two.  It  will  cost  no  more  to  build  and  maintain 
a  Branch  Asylum  in  Eastern  Oregon  than  at  Salem,  and  there  would  be 
a  saving  in  traveling  expenses  for  the  State  attendants  and  patients  and 
their  visiting  friends  and  relatives.  The  medical  profession  agree  that 
many  cases  would  be  benefited  by  a  change  of  climate,  and  as  the  cure 
of  the  unfortunates  is  sought,  rather  than  their  detention,  any  course 
tending  to  accomplish  that  result  should  be  pursued.  Eastern  Oregon 
v/ith  its  greater  elevation  and  dry  and  invigorating  climate,  together 
with  a  large  preponderance  of  sunshine  and  pure  water,  makes  the 
location  ideal  from  a  sanitary  and  healthful  standpoint;  in  fact,  our 
section  has  all  the  health-giving  qualities  that  have  proven  such  a 
valuable  resource  to  Colorado. 

The  legislators  and  voters  of  Eastern  Oregon  have  always  been  liberal 
and  loyal  in  supporting  the  institutions  and  mieasures  benefitting  the 
Western  part  of  the  State,  and  submit  this  in  the  confident  hope  that 
equal  fairness  will  be  accorded  to  them. 

PENDLETON  COMMERCIAL  CLUB, 
UNION  COMMERCIAL  CLUB, 
BAKER  COMMERCIAL  CLUB. 


12  Pamphlet  Containing  Measures  to  be 


AN    ACT 

To  provide  for  a  constitutional  convention  for  the  purpose  of  making  a 
general  revision  of  the  Constitution  of  the  State  of  Oregon, 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  No\^mber,  1910, 

Proposed   by   the   Legislative   Assembly   and   filed   in   the   office   of   the 
Secretary  of  State  February  23,  1909,  in  accordance  with  the  pro- 
visions of  Section  1  of  Article  XVII  of  the  Constitution  of  the 
State  of  Oregon,  adopted  by  the  people  June  4,  1906. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  Stat© 


The  following  is   the  form  and  number   in  which  the  question  will  be 

printed  on  the  official  ballot: 

REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

An  act  to  elect,  on  the  first  Monday  in  June,  1911,  dele- 
gates to  a  constitutional  convention,  to  be  held  on  the 
second  Monuay  in  October,  1911,  for  revising  the  Con- 
stitution of  the  State,  and  providing  for  submission  of 
the  proposed  Constitution,  so  revised,  to  the  legal 
voters  of  the  Slate  for  adoption  or  rejection  on  the 
first  Monday  in  April,  1912.  Vote  YES  or  NO. 

304.  Yes. 

805.  No. 


Submitted  to  Voters  of  Oregon  November  8,  Id  10     IS 

[On  Official  Ballot,  Nos.  304  and  305.] 
AN  ACT 

To  provide  for  a  constitutional  convention  for  the  purpose  of  making:  a 

general  revision  of  the  Constitution  of  the  State  of  Oregon. 
Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  At  a  special  election,  to  be  held  on  the  first  Monday  in 
June,  1911,  delegates  shall  be  elected  to  meet  in  convention  for  the  purpose 
of  making  a  general  revision  of  the  Constitution  of  the  State  of  Oregon. 

Section  2.  The  number  of  delegates  to  such  convention  shall  be  sixty, 
and  shall  be  elected  from  the  same  districts,  and  the  same  number  from 
each  of  said  districts,  as  Representatives  to  the  Legislative  Assembly. 
The  required  number  of  persons  receiving  the  highest  number  of  votes 
for  delegates  in  each  of  such  districts  shall  be  elected  delegates. 

Section  3.  Delegates  to  said  convention  shall  be  nominated  and  elected 
in  the  same  manner  as  Representatives  to  the  Legislative  Assembly  are 
nominated  and  elected  under  present  existing  laws,  and  the  general  laws 
regulating  the  printing  of  ballots  and  canvassing  of  the  votes  for  Repre- 
sentatives shall  be  applicable  to  the  printing  of  the  ballots  and  canvassing 
of  the  votes  for  delegates  to  the  constitutional  convention.  All  laws  not 
inconsistent  with  this  act,  regulating  the  elecion  of  public  officers  at 
general  elections,  shall  be  applicable  to  the  election  of  delegates  to  such 
convention. 

Section  4.  The  qualifications  of  delegates  shall  be  the  same  as  the 
qualifications  of  Senators  and  Representatives  in  the  Legislative  Assem- 
bly, and  such  delegates  shall  have  the  same  privilege  of  freedom  from 
arrest,  service  of  civil  process,  and  of  speech  as  that  now  guaranteed  to 
the  members  of  the  Legislative  Assembly. 

Section  5.  The  delegates  so  chosen  shall  meet  in  convention  in  the 
Hall  of  Representatives,  in  the  Capitol  building  in  the  City  of  Salem,  on 
the  second  Monday  in  October,  1911,  at  ten  o'clock  in  the  forenoon.  Two- 
thirds  of  the  delegates  elected  shall  constitute  a  quorum  for  the  ti-ans- 
action  of  business,  but  a  smaller  number  shall  have  the  power  to  adjourn 
from  day  to  day,  and  to  compel  the  attendance  of  absent  members.  The 
convention  shall  organize  by  the  election  of  one  of  their  number  as 
president;  they  shall  also  choose  such  secretaries,  sergeant-at-arms, 
clerks,  and  official  stenographer,  who  shall  choose  his  assistants,  messen- 
gers, and  other  attendants,  as  they  may  deem  necessary  for  the  pi'oper 
transaction  of  business.  They  shall  adopt  their  own  rules  of  order,  shall 
be  the  absolute  judges  of  the  election  qualification  and  return  of  their 
own  members,  and  may  punish  for  contempt  by  fine  or  imprisonment,  in 
their  discretion,  but  no  term  of  imprisonment  shall  continue  beyond  the 
date  of  the  final  adjonmment  of  the  convention.  The  convention  shall 
have  power  to  fix  the  duties  and  compensation  of  its  officers  and  em- 
ployees. The  compensation  of  delegates  of  said  convention  shall  be  five 
dollars   ($5.00)   per  day  during  the  session  of  the  convention,  and  ten 


14  Pamphlet  Containing  Measures  to  be 

cents  ($  .10)  per  mile  for  each  mile  traveled  by  the  nearest  practicable 
route  in  going  to  and  returning  from  the  place  of  holding  the  convention, 
but  no  per  diem  shall  be  paid  for  any  services  after  the  expiration  of 
forty  days  from  the  convening  of  such  convention.  The  compensation  of 
the  delegates  and  of  officers  and  employees  of  the  convention,  and  all 
incidental  expenses  of  the  convention,  shall  be  pai(^  in  the  same  manner 
as  provided  by  law  for  the  payment  of  similar  claims  in  the  legislature. 
The  delegates  in  the  convention  shall  be  supplied  with  all  needful  sta- 
tionery, and  other  supplies,  in  the  same  manner  provided  in  case  of  the 
legislature.  It  shall  be  the  duty  of  the  Secretary  of  State  to  attend  said 
convention,  at  the  opening  thereof,  to  call  the  roll  thereof,  according  to 
the  returns  on  file  in  his  office,  which  shall  be  certified  to  the  convention 
by  him,  and  to  preside  at  all  meetings  thereof  until  a  president  has  been 
elected,  and  has  taken  his  seat,  but  the  Secretary  of  State  shall  have  no 
vote  therein.  All  public  officers,  civil  and  military,  and  all  boards  and 
commissions  shall  promptly  furnish  said  convention  with  all  such  informa- 
tion, papers,  statements,  books,  or  other  public  documents  in  their  posses- 
sion, as  the  said  convention  shall  order  or  require  for  its  use  from  time 
to  time  while  in  session. 

Section  6.  A  journal  of  the  proceedings  of  said  convention  shall  be 
kept  and  printed  daily  and  given  to  each  member;  this  journal  may  be 
mailed  by  the  secretary  or  chief  clerk  to  any  person  who  may  request  it. 
The  journals  and  debates  of  the  convention  shall  be  published  in  such 
form  and  style  as  may  be  determined  by  the  convention,  and  when  so 
published,  it  shall  be  deemed  the  official  records  of  such  convention.  All 
claims  for  paper,  stationery,  printing,  and  binding  shall  be  audited, 
allowed,  and  paid  by  the  Secretary  of  State  and  State  Treasurer  in  the 
manner  provided  by  law.  The  Secretary  of  State,  previous  to  the  meeting 
of  the  convention,  shall  prepare  the  Hall  of  Representatives  and  the 
Senate  Chamber  and  I'ooms  connected  therewith,  and  other  necessary 
committee  rooms  for  the  use  and  occupation  of  the  convention  during  its 
session.  The  doors  of  the  convention  shall  be  kept  open  to  the  public 
during  all  of  its  sessions. 

Section  7.  After  the  convention  shall  have  approved  the  draft  of  the 
proposed  new  constitution,  the  same  shall  be  enrolled  in  the  same  manner 
as  acts  of  the  legislature,  signed  by  the  president  and  secretary,  and 
when  so  signed  shall  be  deposited  in  the  office  of  the  Secretary  of  State, 
and  shall  be  deemed  the  official  copy  of  the  proposed  constitution  as 
adopted  by  the  convention.  It  shall  be  printed,  distributed,  and  disposed 
of  in  the  same  manner  as  acts  of  the  legislature.  The  said  proposed 
constitution  shall  be  submitted  to  the  people  for  adoption  or  rejection, 
as  a  whole,  on  the  first  Monday  in  April,  1912.  The  qualifications  of 
voters  at  all  elections  provided  for  in  this  act  shall  be  the  same  as  the 
qualifications  of  voters  at  general  elections  provided  for  in  the  Constitu- 
tion and  general  laws  of  the  State  of  Oregon.  The  county  clerks  in  the 
several  counties  in  this  State  shall  cause  to  be  printed  on  the  ballot 
prepared  for  the  purpose  the  words  "for  adoption  of  constitution,  vote 


Submitted  to  Voters  of  Oregon  November  8, 1910     15 

yes  or  no,  mark  between  the  number  and  the  answer  for,  12 — yes,  13 — no." 
Should  the  constitution  so  submitted  to  a  vote  of  the  electors  of  this 
State  receive  more  votes  in  its  favor  than  shall  be  cast  against  it,  it  shall 
be  declared  adopted,  as  the  Constitution  of  this  State,  upon  proclamation 
by  the  Governor;  otherwise,  it  shall  be  rejected.  All  votes  cast  at  such 
election  shall  be  taken,  counted,  canvassed  and  returned,  as  provided  by 
law  for  the  election  of  State  officers. 

Section  8.  All  willful  and  corrupt,  false  swearing  in  taking  any  of  the 
oaths  prescribed  by  this  act,  or  by  the  laws  of  this  State,  m.ade  applicable 
to  this  act,  or  in  any  other  mode  or  form  in  carrying  into  effect  this  act, 
shall  be  punished  in  the  same  manner  now  prescribed  by  law  for  willful 
and  corrupt  perjury. 

Section  9.  The  convention  shall,  before  its  adjournment,  prepare  and 
adopt  an  address  to  the  people  of  the  State,  explaining  the  proposed 
changes  in  the  present  Constitution,  the  reason  for  each  change,  and  such 
other  matters  as  to  the  convention  shall  seem  advisable.  Such  address, 
together  with  the  proposed  revised  constitution,  shall  be  printed  in 
pamphlet  form  and  distributed  in  the  same  manner  and  in  the  same 
numbers  as  provided  by  law  for  printing  and  distributing  measures 
initiated  by  and  measures  referred  to  the  people  at  general  elections. 

Section  10.  Tiiis  entire  act  shall  be  submitted  to  the  people  for  adop- 
tion or  rejection  at  the  regular,  general,  biennial  election  held  on  the  first 
Tuesday  after  the  first  Monday  in  November,  1910. 

Passed  by  the  House,  February  4,  1909. 

C.  N.  McARTHUR,  Speaker  of  the  House. 
Passed  by  the  Senate,  February  20,  1909. 

JAY  BOWERMAN,  President  of  the  Senate. 

(Endorsed) 
House  Bill  No.  186. 

W.  F.  Drager,  Chief  Clerk. 
Executive  Department,  State  of  Oregon.     Received  February  20,  1909. 
Filed  February  23,  1909. 

F.  W.  Benson,  Secretary  of  State. 


16  '  Pamphlet  Containing  Measures  to  be 

AN    AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 

Oregon  for  their  approval  or  rejection 

AT  THE 
REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO   AMEND 

Sections  6  and  7  of  Article  IV, 

Proposed  by  the  Legislative  Assembly  and  filed  in  the  office  of  the  Secre- 

tai-y  of  State  February  23,  1909,  in  accordance  with  the  provisions 

of  Section  1  of  Article  XVII  of  the  Constitution  of  the  State 

of  Oregon,  adopted  by  the  people  June  4,  1906. 


Printed  in  pursuance  of  Section  8  of  Chapter  22C,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will   be 

printed  on  the  official  ballot: 


REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 


For  amendment  of  Sections  6  and  7,  Article  IV,  of  the 
Constitution  of  this  State,  to  provide  a  separate  dis- 
trict for  the  election  of  each  State  Senator  and  each 
State  Representative.  Vote  YES  or  NO. 

306.  Yes. 

307.  No. 


Submitted  to  Voters  of  Oregon  November  8, 1910     17 

[On  Official  Ballot,  Nos.  306  and  307.] 

SENATE  JOINT  RESOLUTION. 

Be  it  Resolved  by  the  Senate,  the  House  of  Representatives  concurring, 
that  the  following  amendment  to  the  Constitution  of  the  State  of 
Oregon  be,  and  the  same  is  hereby  proposed,  to  wit: 

That  Sections  6  and  7  of  Article  IV  of  the  Constitution  of  the  State 
of  Oi'egon  be,  and  the  same  are  hereby  amended  to  read  as  follows: 

Section  6.  The  number  of  Senators  and  Representatives  shall,  at  the 
session  next  following  the  enumeration  of  the  inhabitants  of  the  State  of 
Oregon  bj'  the  United  States,  be  fixed  by  law,  and  apportioned  among 
the  several  counties  according  to  the  population  in  each,  but  in  such 
enumeration  no  person  shall  be  counted  who  is  not  a  citizen  of  the 
United  States  and  of  this  State,  or  who  is  not  under  the  laws  thereof 
eligible  to  citizenship.  The  ratio  of  Senators  and  Representatives  shall 
be  determined  by  dividing  the  whole  number  of  citizens  and  persons  who 
are  not  citizens,  but  eligible  to  become  such,  by  such  respective  ratio; 
but  when  a  fraction  shall  result  from  such  division,  and  shall  exceed 
one-half  of  any  such  ratio,  such  county  or  district  shall  be  entitled  to  a 
member  for  such  fraction.  In  case  any  county  shall  not  have  the  requisite 
population  to  entitle  such  county  to  a  member,  then  such  county  shall  be 
combined  with  some  adjoining  county,  or  portion  thereof  for  senatorial 
or  representative  purposes.  After  the  State  has  been  divided  into 
senatorial  and  representative  districts,  either  by  counties  or  combinations 
of  counties,  or  portions  of  counties,  then  such  district  shall  be  sub-divided 
in  such  a  manner  that  each  Senator  and  Representative  will  represent  but 
one  district  or  sub-division  of  the  county  or  district  as  the  case  may  be. 

Section  7.  No  district  shall  be  created  which  shall  be  composed  of 
portions  of  two  or  more  counties,  but  districts  may  be  created  which  are 
composed  of  one  or  more  entire  counties,  or  one  or  more  entire  counties 
;>nd  a  portion  of  another  county. 

Concurred  i»  by  tlie  House,  February  19,  1909.   " 

C.  N.  McARTHUR,  Speaker  of  the  House. 

Adopted  by  the  Senate,  February  13,  1909. 

JAY  BOWERMAN,   President  of  the  Senate. 
!  Endorsed) 

Senate  Joint  Resolution  No.  19 

Wm.  H.  Barry,  Clief  Clerk. 
Filed  Febmary  23,  1909. 

F    W.  Benson,  Secretary  of  Statf 


18  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED  BY 

THE  PEOPLE'S  POWER  LEAGUE  OF  OREGON 
opposing  the  measures  designated  on  the  official  ballot  as  follows: 

REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

An  act  to  elect,  on  the  first  Monday  in  June,  1911,  dele- 
gate? to  a  constitutional  convention,  to  be  held  on  the 
second  Monday  in  October,  1911,  for  revising  the  Con- 
stitution of  the  State,  and  providing  for  submission  of 
the  proposed  Constitution,  so  revised,  to  the  legal 
voters  of  the  State  for  adoption  or  rejection  on  the 
first  Monday  in  April,  1912.  Vote  YES  or  NO- 

304.  Yes. 

305.  No. 

For  amendment  of  Sections  6  and  7,  Article  IV,  of  the 
Constitution  of  this  State,  to  provide  a  separate  dis- 
trict for  the  election  of  each  State  Senator  and  each 
State  Representative.  Vote  YES  or  NO. 

306.  Yes. 

307.  No. 


ARGUMENT 

Presented  by  the  People's  Power  League  for  voting  "NO"  on  the  follow- 
ing measures  passed  by  the  Legislative  Assembly: 

1.  Bill  to  call  a  constitutional  convention.  The  official  ballot  number 
to  vote  "NO"  is  305. 

2.  Amendment  to  the  Constitution  restricting  the  power  of  the  people 
to  make  any  law  for  elections  by  proportional  representation,  by  requiring 
a  .separate  district  for  the  election  of  each  State  Senator  and  another 
for  the  election  of  each  Stnto  Representative.  The  official  ballot  number 
Lo  vote  "NO"  is  307. 


Submitted  to  Voters  of  Oregon  November  8,  1910     19 


For  officers  and  members  of  the  People's  Power  League  see  the  last 
argument  and  last  four  measures  in  this  book. 

1.  We  believe  and  respectfully  submit  that  the  bill  for  a  constitutional 
convention  is  unwise  and  dangerous,  and  should  therefore  be  defeated  on 
account  of  the  number  of  special  elections  required,  the  unnecessary 
expense  for  such  special  elections  and  the  plan  to  take  av/ay  from  the 
people  the  political  powers  they  now  have.  The  bill  calls  for  three 
special  elections  throughout  the  State  between  April,  1911,  and  Novem- 
ber, 1912.  These  special  elections  will  cost  the  people  at  least  one  hundred 
and  fifty  thousand  dollars  ($150,000).  The  first  is  the  primary  election 
in  April,  1911,  to  nominate  candidates  for  the  office  of  delegate  to  the 
constitutional  convention;  second,  a  special  general  election  all  over  the 
State  to  elect  the  delegates;  third,  a  special  general  election  in  April, 
1912,  to  approve  or  reject  the  constitution  made  by  the  convention.  In 
September,  1912,  we  have  the  regular  general  primary  election  to  nomi- 
nate candidates  for  State  and  county  offices,  and  then  in  November  the 
general  election  to  elect  the  officers. 

If  this  bill  is  approved,  and  its  provisions  are  enforced,  there  will  be 
five  general  elections  over  the  State  in  the  nineteen  months  between 
April,  1911,  and  November,  1912.  But  the  railroad,  street  railroad,  tele- 
phone, express  companies  and  other  special  interests  behind  this  scheme 
for  a  constitutional  convention  intend  that  the  people  shall  not  have  a 
chance  to  vote  on  a  new  Constitution,  even  if  the  people  approve  the  bill. 
The  plan  is  to  have  a  new  Constitution  made  and  "proclaimed"  by  the 
convention  as  the  Constitution  of  Oregon,  without  permitting  the  people 
to  vote  on  that  new  Constitution.  In  that  way,  if  the  people  approve  of 
this  bill,  the  convention  can  make  a  new  Constitution  for  Oregon,  leaving 
out  the  initiative,  referendum  and  recall,  and  thus  take  from  the  people 
the  power  they  now  have  to  manage  their  public  affairs.  The  legislature 
has  the  power  to  submit  amendments  to  the  Constitution,  and  the  people 
have  the  power  under  the  initiative  to  submit  amendments;  so  there  is  no 
need  for  a  convention  to  revise  the  Constitution. 

Since  1890,  constitutional  conventions  have  made  and  "proclaimed" 
new  constitutions  for  Mississippi,  South  Carolina,  Delaware,  Louisiana, 
Virginia  and  Kentucky  without  allowing  the  people  to  vote  on  them;  and 
the  state  supreme  courts  have  upheld  the  right  of  the  conventions  to 
foi'ce  these  constitutions  upon  the  people,  though  in  Virginia  and  Ken- 
tucky the  laws  calling  the  conventions  especially  provided  that  the  new 
constitution  should  be  submitted  to  the  people  for  their  approval  or 
rejection.  See  the  cases  of  Taylor  vs.  Commonwealth  (Virginia  Supreme 
Court  Reports,  Vol.  101,  page  829),  and  Miller  vs.  Johnson  (92  Kentucky, 
page  589.)     The  ballot  number  to  vote  "NO"  on  this  bill  is  305. 


2.  Separate  District  Plan.  We  respectfully  submit  reasons  why  we 
believe  this  amendment  to  require  a  separate  district  for  the  election  of 
each  State  Senator  and  State  Representative  should  be  defeated.  The 
separate  district  plan  is  the  one  by  which  representatives  in  Congress^ 


20  Pamphlet  Containing  Measures  to  be 

have  been  elected  for  nearly  sixty  years,  and  the  utter  failure  of  the 
system  to  give  a  square  deal  to  either  the  people  or  the  political  parties 
was  clearly  stated  by  Representative  (afterwards  President)  Garfield  in 
Congress  in  1870  in  these  words: 

"When  I  was  first  elected  to  Congress  in  the  fall  of  1862,  the  State  of 
Ohio  had  a  clear  Republican  majority  of  about  25,000;  but,  by  the  adjust- 
ment and  distribution  of  political  power  in  the  State,  there  were  fourteen 
Democratic  Representatives  upon  this  floor,  and  only  five  Republicans. 
The  State  that  cast  a  majority  of  nearly  25,000  Republican  votes  was 
represented  in  the  proportion  of  one  Republican  and  three  Democrats.  In 
the  next  Congress  there  was  no  great  political  change  in  the  popular  vote 
of  Ohio — a  change  of  only  20,000 — but  the  result  was  that  seventeen 
Republican  members  were  sent  from  Ohio,  and  only  two  Democrats.  We 
find  that  only  so  small  a  change  as  20,000  changed  their  representatives  in 
Congress  from  fourteen  Democrats  and  five  Republicans  to  seventeen 
Republicans  and  two  Democrats.  Now,  no  man,  whatever  his  politics,  can 
justly  defend  a  system  that  may  in  theory,  and  frequently  does  in 
practice,  produce  such  results  as  these." 

The  single  district  plan  is  the  one  by  which  in  Alabama  every  535 
Democratic  voters  can  elect  a  member  of  the  legislature,  while  25,303 
Republican  voters  can  elect  only  one  member;  in  Florida  every  311 
Democratic  voters  elect  a  member,  and  3,747  Socialist  voters  elect  one, 
but  10,654  Republicans  cannot  elect  a  member;  by  which  in  Michigan 
every  2,583  Republicans  elect  a  member  of  the  legislature,  but  87,885 
Democrats  elect  only  one  member;  and  by  which  in  Georgia  every  323 
Democrats  elect  one  member,  but  41,692  Republicans  cannot  elect  a 
member. 

The  theory  is  that  the  legislature  represents  all  the  people  and  that  all 
the  people  are  represented  in  the  legislature.  But  how  can  there  be  a 
representative  legislature  under  the  single  district  plan?  Surely,  there 
can  be  no  real  representation  in  the  South  Carolina  legislature  when  it 
requires  3,693  Republican  votes  to  elect  one  member  and  only  377  Demo- 
cratic votes  to  elect  a  member — so  that  one  Democratic  vote  has  as  much 
force  in  law-making  as  ten  and  a  half  Republican  votes.  There  is  no  real 
representation  in  Louisiana,  where  every  404  Democrats  elect  a  member 
of  the  legislature,  but  8,958  Republican  voters  cannot  elect  a  member; 
nor  in  Texas  where  it  takes  16,466  Republican  voters  to  elect  a  legislator, 
but  only  1,597  Democratic  voters  to  elect  one. 

It  is  because  of  the  single  district  plan  of  electing  members  of  the 
legislature  that  one  Republican  vote  is  equal  to  three  Democratic  votes 
in  Connecticut  and  to  thirty-three  Democratic  votes  in  Michigan;  and 
because  of  the  single  district  system  that  one  Democratic  vote  is  equal  to 
five  Republican  votes  in  Alabama,  to  more  than  ten  Republican  votes  in 
South  Carolina,  to  more  than  10,000  Republican  votes  in  Florida,  and  to 
more  than  41,000  Republican  votes  in  Georgia. 

There  cannot  be  equality  before  the  law  as  long  as  there  is  inequality 
at  the  ballot  box.  There  is  no  equality  at  the  ballot  box  when  the  vote 
of  one  citizen  counts  for  more  than  the  vote  of  another  citizen,  and  when 
many  citizens  are  denied  representation  in  the  law-making  body  solely 


Submitted  to  Voters  of  Oregon  November  8,  1910     21 

because  of  their  political  beliefs.  The  single  district  plan  insures  mis- 
representation. A  representative  legislature  and  representative  legislators 
are  impossible  under  such  a  plan. 

In  1908  the  voters  of  Oregon,  by  a  majority  of  14,740  votes,  approved  a 
constitutional  amendment  for  proportional  representation  so  as  to  abolish 
the  system  by  which  in  1906  the  54,000  Republican  voters  of  the  State 
elected  fifty-nine  of  the  sixty  representatives  in  the  legislature,  while  the 
40,000  opposition  voters — Democrats,  Socialists  and  Prohibitionists — were 
able  to  elect  only  one  representative.  The  Sjngle  district  amendment 
I)roposed  by  the  legislature  for  electing  legislators  is  merely  an  attempt 
to  nullify  the  amendment  adopted  by  the  voters  two  years  ago;  and  in 
proposing  the  single  district  amendment  the  legislature  did  not  represent 
the  48,868  voters  who  approved  of  the  proportional  representation  amend- 
ment in  1908,  but  represented  the  34,128  minority  voters  who  did  not 
approve  of  it.  The  ballot  number  to  vote  "NO"  on  the  single  district 
amendment  is  307. 

We  beg  to  call  special  attention  to  the  last  argument  in  this  book,  sub- 
mitted by  the  People's  Power  League  in  support  of  four  measures  pro- 
posed by  the  League  by  initiative  petition,  in  which  we  show  how  the 
system  of  proportional  representation  will  work  in  the  election  of  members 
of  the  legislature.  The  People's  Power  League  measures  are  the  last 
four  on  the  ballot. 

If  the  People's  Power  League  amendment — ballot  number  360  to  vote 
"YES" — is  adopted  and  a  majority  of  the  voters  favor  Statement  No.  1 
at  the  election  in  1912,  a  majority  of  the  members  of  the  legislature  will 
be  for  Statement  No.  1;  but  if  a  majority  of  the  voters  favor  the  old 
auction-block  method  of  electing  United  States  Senators,  then  the  majority 
of  the  legislature  will  be  for  the  auction-block  method.  The  proportional 
representation  plan  of  the  People's  Power  League  will  be  absolutely  fair 
in  operation  and  results  to  every  political  party,  to  every  independent 
and  to  all  the  voters. 

Respectfully  submitted  to  the  electors  of  Oregon  by 

THE  PEOPLE'S  POWER  LEAGUE  OB^  OREGON. 


[See  page  in  later  part  of  pamphlet  f«r  officers  and  members  of  People's  Power 

Leagxie. } 


22  Pamphlet  Containing  Measures  to  be 


AN    AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 

Oregon  for  their  approval  or  rejection 

AT  THE 

regular  general  election 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO  AMEND 

Section  32  of  Article  I, 

I  foposed  by  the  Legislative  Assembly  and  filed  in  the  office  of  the  Secre- 
tary of  State  February  23,  1909,  in  accordance  with  the  provisions 
of  Section  1  of  Article  XVII  of  the  Constitution  of  the  State 
of  Oregon,  adopted  by  the  people  June  4,  1906. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in   which   the  question  will  he 

printed  on  the  official  ballot : 

referred  to  the  people  by  legislative  ASSEMBLY 

For  an  amendment  of  Section  32,  Article  I,  of  the  Con- 
stitution of  Oregon,  by  omitting  the  words  "and  all 
taxation  shall  be  equal  and  uniform,"  and  inserting  in 
lieu  thereof,  the  words:  "taxes  shall  be  levied  and 
collected  for  public  purposes  only,  and  the  power  of 
taxation  shall  never  be  surrendei'ed,  suspended,  or 
contracted    away."  Vote  YES  or  NO. 

308.  Yes. 

309.  No. 


Submitted  to  Voters  of  Oregon  November  8, 1910     23 


[On  Official  Ballot,  Nos.  308  and  309.] 
SENATE  JOINT  RESOLUTION. 

Be  it  resolved  by  the  Senate,  the  House  concurring: 

That  Section  32  of  Article  I  of  the  Constitution  of  the  State  of  Oregon, 
be,  and  the  same  is,  abrogated,  and  in  lieu  thereof  shall  be  inserted  the 
following: 

Section  32.  No  tax  or  duty  shall  be  imposed  without  the  consent  of 
the  people  or  their  representatives  in  the  Legislative  Assembly.  Taxes 
shall  be  levied  and  collected  for  public  purposes  only,  and  the  power  of 
taxation  shall  never  be  surrendered,  suspended,  or  contracted  away. 

Adopted  by  the  House,  February  18,  1909. 

C.  N.  McARTHUR,  Speaker  of  the  House. 

Adopted  by  the  Senate  February  18,  1909. 

JAY  BOWERMAN,  President  of  the  Senate. 
(Endorsed) 

Senate  Joint  Resolution  No.  22. 

Wm.  H.  Barry,  Clief  Clerk. 
Filed  February  23,  1909. 

F-  W.  Benson,  Secretary  of  State. 


24  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED  BY 

THE  OREGON  STATE  FEDERATION  OF  LABOR 

and  the 

CENTRAL  LABOR  COUNCIL  OF  PORTLAND  AND  VICINITY, 

in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 

REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

For  an  amendment  of  Section  32,  Article  I,  of  the  Con- 
stitution of  Oregon,  by  omitting  the  words  "and  all 
taxation  shall  be  equal  and  uniform,"  and  inserting  in 
lieu  thereof,  the  words:  "taxes  shall  be  levied  and 
collected  for  public  purposes  only,  and  the  power  of 
taxation  shall  never  be  surrendered,  suspended,  or 
contracted    away."  Vote  YES  or  NO. 

308.  Yes. 


309.  No. 


THE  OREGON  STATE  FEDERATION  OF  LABOR 

and  the 

CENTRAL  LABOR  COUNCIL  OF  PORTLAND  AND  VICINITY,    ^ 

By  their  Joint  Committee,  Will  Daly,  President;  J.  F.  Cassidy  and  William 
Noffke,  on  behalf  of  the  Oregon  State  Federation  of  Labor;  H.  J.  Parki- 
son,  Secretary,  William  MacKenzie  and  Charles  Grassman,  on  behalf  of 
the  Central  Labor  Council  of  Portland  and  Vicinity,  offer  this  argument 
to  explain  and  advocate  the  approval  by  the  people  of  the  following  three 
amendments  to  the  Constitution,  relating  to  taxation,  the  first  two  pro- 
posed by  the  Legislative  Assembly  and  the  third  by  initiative  petition : 

Official  Ballot  No.  308— To  amend  Section  32  of  Article  L 

Official  Ballot  No.  312— To  amend  Section  1  of  Article  IX. 

Official  Ballot  No.  326 — To  amend  Article  IX  by  adding  Section  la. 

The  adoption  of  these  amendments  will  very  greatly  increase  the 
people's  power.  They  will  repeal  the  poll  tax,  which  is  the  most  odious 
and  unjust  of  all  taxes,  and  will  give  the  plain  people  and  taxpayers  the 
greatest  of  all  powers  of  government  except  the  initiative  and  referen- 
dum. With  very  rare  exceptions,  the  only  men  who  pay  the  poll  tax  are 
a  few  laborers  and  men  who  own  real  property.  The  tax  is  unjust  not 
only  because  it  i.''  onl1Pct«»d  frrivn  very  few  of  the  men  who  nrp  5?nppnsprl 


Submitted  to  Voters  of  Oregon  November  8,  1910     25 

to  pay,  but  also  because  it  bears  so  unequally  on  men  in  pi'oportion  to 
their  ability  to  pay. 

The  laborer  supporting  a  family  on  $2  a  day  pays  exactly  the  same 
poll  tax  as  the  corporation  manager  with  a  salary  of  ten  thousand  dollars 
a  year.  If  the  laborer  can  starve  his  family  into  saving  fifty  cents  a 
day,  the  savings  of  six  days  labor  will  just  pay  his  poll  tax;  the  corpo- 
ration manager  can  easily  save  enough  to  pay  his  poll  tax  from  his  salary 
for  two  hours'  work.  One  man  lives  easily  and  saves  enough  to  pay  his 
fchare  of  the  tax  with  two  hours  work;  the  other  lives  hard  and  saves 
enough  on  sixty  hours'  work  to  pay  his  share  of  the  tax.  The  odds  are 
thirty  to  one  in  favor  of  the  rich  man.  Is  it  possible  to  imagine  a  more 
outrageously  unjust  tax  than  this? 

In  addition  to  abolishing  this  unjust  tax  the  amendments  take  from  the 
legislature  the  power  to  make  any  law  declaring  what  pi-operty  shall  be 
taxed  or  what  shall  be  exempted;  how  it  shall  be  taxed  or  how  it  shall  be 
exempted;  the  utmost  that  the  legislature  will  have  authority  to  do  is  to 
propose  such  laws  to  the  people  for  their  approval  or  rejection.  If  the 
amendments  are  adopted  the  voters  will  have  no  one  but  themselves  to 
blame  if  the  tax  laws  are  not  speedily  made  to  bear  with  equal  weight 
on  every  citizen. 

Besides  removing  all  the  constitutional  restrictions  on  the  power  of 
the  people  to  make  laws  for  taxation  of  any  property  and  exemption  of 
any  class  of  property,  they  give  to  the  people  of  each  county  that  same 
power  for  their  county,  subject  always  to  the  general  laws  made  by  the 
people  of  the  State.  The  county  home  rule  provision  is  a  valuable  part 
of  these  amendments.  Every  county  will  be  obliged  to  pay  its  fair  share 
of  the  State  taxes,  but  the  people  of  the  county  may  decide  for  themselves 
how  they  will  raise  the  money;  and  it  will  make  no  difference  whatever 
to  the  people  of  the  other  counties.  Different  methods  and  systems  of 
taxation  and  exemption  can  thus  be  tried  on  a  small  scale,  just  as  other 
inventions  and  experiments  are  first  tried  out  on  a  small  scale.  With  the 
people  of  every  county  studying  and  experimenting  on  this  question  of 
just  laws  for  taxation  and  exemptions,  it  is  certain  that  in  a  very  few 
years  Oregon  will  develop  a  fair  system  of  taxation  that  will  bear  equally 
and  justly  on  every  citizen. 

As  we  have  said,  these  are  strictly,  "People's  Power"  amendments. 
Except  the  original  initiative  and  referendum  amendment,  no  other 
measure  has  ever  been  offered  in  Oregon  to  give  the  people  so  great  and 
important  power  as  this  direct  power  to  manage  their  own  pocketbooks. 
The  approval  of  these  amendments  will  give  to  the  plain  people  and  the 
taxpayers  of  Oregon  more  bread-and-butter  piofits  from  the  government 
than  they  have  ever  had  in  the  past.  Therefore,  v/e  earnestly  hope  that 
the  above  amendments  will  be  approved  by  the  people  of  Oregon  at  the 
November  election. 

Respectfully  submitted  to  the  electors  of  Oregon  by  the 
OREGON  STATE  FEDERATION  OF  LABOR,  and  the 
CENTRAL  LABOR  COUNCIL  OF  PORTLAND  AND  VICINITY. 


26  Pamphlet  Containing  Measures  to  be 

AN    AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 

Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO   AMEND 

Article  IX, 

Proposed  by  the  Legislative  Assembly  and  filed  in  the  office  of  the  Secre- 
tary of  State  February  23,  1909,  in  accordance  with  the  provisions 
of  Section  1  of  Article  XVII  of  the  Constitution  of  the  State 
of  Oregon,  adopted  by  the  people  June  4,  1906. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and   number  in  which  the  question  will  be 

printed  on  the  official  ballot: 


referred  to  the  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

For  amendment  of  the  Oregon  Constitution,  Article 
IX  (XIX)  authorizing  the  creation  of  railroad  dis- 
tricts and  the  purchase  and  construction  of  railroads, 
or  other  highways  by  the  State,  counties,  munici- 
palities, and  railroad  districts,  creation  of  liens  upon 
property  or  levying  taxes  for  the  payment  of  the 
same.  Vote  YES  or  NO. 

310.  Yes. 

311.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910     27 

[On  Official  Ballot,  Nos.  310  and  311.] 
SUBSTITUTE  HOUSE  JOINT  RESOLUTION  NO.  15. 
Proposed  Amendment  to  the  Constitution  of  the  State  of  Oregon. 
Resolved  by  the  House,  the  Senate  concurring: 

That  the  following  amendment  to  the  Constitution  of  the  State  of 
Oregon  be  and  the  same  is  hereby  proposed: 

Article  IX. 

Section  1.  The  people  of  the  State  of  Oregon,  or  the  Legislative 
Assembly,  may  create  railroad  districts,  within  the  State,  empowered  to 
construct  railroads,  or  other  highways,  to  serve  said  district. 

Section  2.  The  State,  or  any  county,  municipality  or  railroad  district 
of  the  State,  may  purchase  or  construct  railroads,  or  other  highways, 
within  the  State  and  lease  or  operate  the  same. 

Section  3.  The  State,  or  any  county,  municipality  or  railroad  district 
may  pledge  its  credit,  levy  general  taxes,  or  create  a  special  lien  upon 
land  and  also  upon  the  real  estate  of  any  town,  or  towns,  benefited,  or  do 
any  other  act  necessary  to  create  a  fund  for  the  purchase  or  construction 
01  operation  of  railroads  or  other  highways  within  the  State. 

Section  4.  The  State  may  condemn,  under  the  power  of  eminent 
domain,  or  purchase  any  railroad  or  highway  within  tiiis  State.  But  in 
case  of  purchase,  by  voluntary  agreement,  the  price  paid  shall  in  no  case 
exceed  the  cost  of  duplicating  the  property  at  the  time  of  purchase. 

Section  5.  The  State,  or  any  county,  municipality  or  railroad  district, 
shall  not  operate  any  railroad,  or  other  highway  unless  compelled  so  to  do 
for  good  reasons,  or  unless  justified  in  so  doing  by  a  superior  profit  or 
result,  but  no  railroad,  or  other  highway,  or  any  part  thereof,  shall  be 
leased  for  a  less  rental  than  will  provide  for  the  payment  of  the  interest 
and  fixed  charges,  and  a  proper  sinking  fund  for  the  retirement  of  the 
debt,  or  if  there  be  no  debt,  then  for  a  reasonable  return  vipon  the 
investment,  such  as  would  be  demanded  by  private  capital. 

Section  6.  No  railroad  or  other  highway,  owned  by  the  State,  or  any 
county,  municipality  or  railroad  district,  shall  be  sold  to  a  private  person, 
or  corporation,  nor  disposed  of,  except  to  the  State,  or  ?i  public  copora- 
tion  thereof,  and  any  such  transfer  or  amalgamation  shall  not  impair 
the  obligations  issued  in  behalf  of  the  road  or  highway  transferred  or 
amalgamated. 

Section  7.  So  much  of  Sections  5,  7,  8,  9,  and  10  of  Article  XI  of  the 
State  Constitution  as  conflict  with  the  provisions  of  this  amendment,  and 
any  other  parts  of  the  Constitution  in  conflict  with  the  purpose  of  this 
amendment,  are  hereby  repealed  insofar,  only,  as  they  conflict  with  the 
purposes  of  this  amendment-  But  nothing  in  this  amendment  shall  be 
construed  as  in  any  way  impairing  the  right  of  the  people  under  what  is 
known  as  the  Initiative  and  Referendum. 

Adopted  by  the  House,  February  15,  1909. 

C.  N.  McARTHUR,  Speaker  of  the  House. 
Concurred  in  by  the  Senate,  February  19,  1909. 
(Endorsed)  JAY   BOWERMAN,   President  of  the  Senate. 

Substitute  House  Joint  Resolution  No.  15      W.  F.  Drager,  Chief  Clerk. 
Filed  February  23,  1909.       F.  W.  Benson,  Secretary  of  State. 


28  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED   BY 

C.   E.   S.   WOOD,  E.   HOFER,  WM.   GRIMES,  E.   S.  J.   McALLISTER 

and  W.  S.  U'REN, 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 

REFERRED  TO  THE  PEOPLE  BY  LEGISLATIVE  ASSEMBLY 

For  amendment  of  the  Oregon  Constitution,  Article 
IX  (XIX)  authorizing  the  creation  of  railroad  dis.- 
tricts  and  the  purchase  and  construction  of  railroads, 
or  other  highwaj's  by  the  State,  counties,  munici- 
palities, and  railroad  districts,  creation  of  liens  upon 
property  or  levying  taxes  for  the  payment  of  the 
same.  Vote  YES  or  NO. 

310.  Yes. 

311.  No. 


ARGUMENT 

In  favor  of  amending  the  Constitution  of  the  State  of  Oregon  by  adding 
thereto  Article  XIX.  By  error  of  the  Legislative  Assembly  it  is 
printed  .as  "Article  IX." 

Official  Ballot  No.  210-  During  the  legislative  session  of  1909,  the 
Portland  Chamber  of  Commerce  and  other  associations  of  business  men 
went  to  Salem,  or  sent  committees,  to  request  the  Legislative  Assembly 
to  submit  this  amendment,  so  that  the  people  of  Oregon  might  take  the 
power  to  free  them.'=;elves  from  railroad  monopoly  in  this  State.  Soon 
after  the  legislature  submitted  the  amendment,  the  railroad  companies 
began  to  take  an  interest  in  building  lines  in  Oregon.  Believing  that  the 
people  need  the  power  to  free  themselves  from  railroad  monopoly,  to 
have  it  ready  for  use  in  any  future  emergency,  we  submit  the  following 
argument  in  favor  of  the  amendment. 

Contrary  to  what  has  been  often  erroneously  repeated,  tTie  Constitution 
of  the  State  of  Oregon  does  not  prohibit  the  State  from  building  or 
owning  railroads.     There   is  no   such   constitutional   prohibition   in   any 


Submitted  to  Voters  of  Oregon  November  8,  1910     29 

state  in  the  Union.  The  State  has  as  perfect  a  right  to  own  and  control 
its  iron  highways  as  its  dirt  highways  or  its  canals.  What  the  Constitu- 
tion of  our  State  does  prohibit  is  that  the  State  shall  go  into  debt  more 
than  $50,000,  or  that  it  shall  go  into  partnership  with  any  private 
corporation. 

Th«  purpose  of  this  amendment  is  simplj'  to  remove  the  prohibition 
against  the  State  issuing  bonds  for  railroad  purposes  in  order  that  the 
State  may  be  upon  the  same  footing  as  private  capitalists  in  entering  the 
money  markets  of  the  world.  The  amendment  permits  bond  issues  for 
highway  purposes  and  none  other.  Any  affiliation  with  private  corpo- 
rations is  still  prohibited  and  the  power  of  the  State  to  alienate  any  of 
its  highways  is  expressly  denied.  All  possibility  of  graft  is  -shut  off  and 
the  people's  rights  are  strictly  preserved. 

The  amendment  is  but  one  more  step  in  line  with  the  people's  resump- 
tion of  those  great  fundamental  powers  which  naturally  belong  to  them. 
There  is  no  greater  power  than  the  control  of  a  nation's  highways  and 
no  power  which  it  is  more  important  that  the  people  should  preserve.  The 
corruption  of  legislatures,  city  councils,  United  States  Senate  and  the 
vast  power  exercised  by  the  railways  is  proof  of  this.  Railroads  struggle 
with  each  other  for  the  possession  of  strategic  passes,  city  water  front, 
etc.,  all  of  which  indicates  the  falsity  of  private  ownership. 

The  great  mistake  was  made  when  in  the  beginning,  by  reason  of  the 
strangeness  of  the  situation,  railroads  were  permitted  to  be  owned  by 
private  parties.  It  was  the  first  time  in  the  history  of  the  world  that 
any  nation  ever  turned  over  to  private  interests  its  whole  system  of 
highways,  the  great  arteries  of  commerce  which  take  toll  from  every  one. 

This  mistake  soon  made  itself  felt  and  the  people  ever  since  have  been 
instinctively  but  blindly  struggling  to  assert  their  ownership,  which  has 
taken  the  complicated  form  of  Interstate  Commerce  Commission,  State 
Railway  Commission,  Rate  Bills,  etc  The  right  of  the  people  to  o^vn 
the  railroads  is  shown  in  the  determination  to  regulate  them,  for  regula- 
tion means  ownership.  Against  this  more  or  less  blind  effort  of  the 
people  the  private  owners  struggle  by  every  means  in  their  power, 
honestly  believing  that  the  railroads  they  have  built  are  their  own  property 
and  that  they  have  the  right  to  tax  the  people  all  the  traffic  will  bear. 

Oregon  has  been  the  spectacle  of  how  a  great  State  may  be  strangled 
by  a  private  corporation  which  controls  her  iron  highways  and  the  head 
of  which  contemptuously  said  that  if  Oregon  did  not  like  it  she  could 
build  her  own  railroads,  well  knowing  that  the  private  individuals  of 
Oregon  could  not  finance  a  sufficiently  strong  corporation  and  that  the 
liands  of  the  State  itself  were  tied.  This  amendment  proposes  to  remove 
these  shackles  so  that  never  again  shall  our  country  witness  a  gi-eat 
sovereign  State  with  millions  of  undeveloped  acres  sitting  helpless  while 
her  neighbors  to  the  north  and  south  pass  her  in  the  race  of  progress 
while  she  awaits  the  whim  of  private  capital. 

We  repeat,  the  essence  of  this  amendment  is  to  put  the  sovereign  State 
of  Oregon  on  an  equal  footing  with  private  capitalists  in  the  bond-buying 


30  Pamphlet  Containing  Measures  to  be 


markets  of  the  world,  for  the  men  who  build  railroads  do  not  furnish  the 
money  from  their  own  pockets,  but  go  to  the  general  public  with  their 
bonds — a  thing  which  the  Constitution  of  Oregon  prohibits  this  State  from 
doing  and  which  this  amendment  seeks  to  remove,  we  repeat,  solely  for 
highway  purposes. 

We  now  examine  some  special  objections  which  have  been  made  to  this 
amendment. 

1.  That  it  is  against  the  wisdom  of  the  forefathers  of  the  State  to 
build  and  own  railroads. 

This  is  not  true.  It  was  a  mere  accident  owing  to  the  capital  required 
and  the  novelty  of  the  proposition  which  started  the  railroads  as  the 
ventures  of  private  capital.  The  forefathers  had  no  more  reason  against 
the  State  ov^ming  its  railroads  than  they  had  against  it  owning  its  canals. 
Abraham  Lincoln  expressly  advocated  it  for  the  State  of  Illinois.  Sup- 
pose his  advice  had  been  followed.  Imagine  the  revenues  that  State 
would  receive  from  the  rental  of  the  railroads  in  Illinois  to  operating 
companies. 

2.  That  it  is  a  radically  new  departure. 

This  is  not  true.  As  already  suggested,  the  radical  departure  was 
when  for  the  first  time  in  history,  a  people  permitted  its  most  important 
highways  to  be  owned  by  private  individuals.  The  evils  which  have 
grown  from  this  fault  have  already  been  hinted  at  and  are  known  to 
all  men. 

3.  That  the  experience  of  other  states  in  the  past  in  going  into  the 
railroad  business  has  been  disastrous. 

This  is  not  true.  Where  are  the  other  states  and  what  are  the  roads? 
As  a  matter  of  fact  the  Western  &  Atlantic  Railroad,  built  and  o\vned 
by  the  State  of  Georgia,  was  not  satisfactory  during  the  cai'pet-bagging 
days  when  run  by  the  politicians,  but  since  it  has  been  leased  to  a  private 
operating  company,  with  conditions  of  management  laid  down  in  the 
lease,  every  one  has  been  satisfied  and  the  State  receives  from  this 
property  a  net  rental  of  more  than  .$450,000  a  year.  The  ownership  and 
operation  by  the  government  of  railroads  in  various  European  countries 
has  been  satisfactory,  and  in  Germany  and  Holland  certain  provinces 
which  went  back  to  private  operations  again  returned  to  state  operation 
as  more  satisfactory,  and  the  statement  that  freight  rates  are  higher  in 
Europe  is  misleading,  because  in  the  European  freight  rates  is  included 
all  express  matter,  special,  fast  and  fancy  freight. 

The  fact  is  that  what  people  have  in  mind  when  they  speak  of  the  past 
experiences  in  this  country  with  the  railroads  is  that  the  railroad  by 
private  lobbies  procured  great  land  grants,  money  subsidies  and  pur- 
chases of  railroad  bonds  by  the  State  for  which  the  people  received 
absolutely  nothing  in  return.  It  was  pure  graft  and  is  very  different 
from  the  State  owning  its  own  highways  and  leasing  them  under  proper 
lestrictions  for  operation.  In  those  days  the  raih'oads  were  the  bosses. 
We  propose  that  the  people  shall  now  dictate. 


Submitted  to  Voters  of  Oregon  November  8,  1910     31 


4.  That  it  will  bankrupt  the  State. 

For  the  State  to  sell  its  bonds  and  build  railroads  in  this  State  will  no 
more  bankrupt  it  than  the  building  of  railroads  in  Eastern  Washington 
bankrupted  the  owners  of  those  railroads^every  one  of  which  is  im- 
mensely profitable.  If  no  other  alternative  offered,  Oregon  could  afford 
to  build  railroads  merely  for  the  purpose  of  bringing  in  people  and 
developing  the  great  wealth  of  the  State. 

5.  It  is  said  it  will  bring  the  State  railroad  into  politics. 

Are  the  people  not  already  forced  into  railroad  politics  to  protect 
themselves?  And  why  should  State  ownership  of  railroad  produce  a 
worse  state  of  affairs  than  railroad  ownership  of  the  State?  Besides, 
the  people  of  Oregon  are  waking  to  their  powers  and  their  rights  and 
by  the  Initiative,  the  Recall,  and  the  Direct  Primary  have  the  means 
of  control  in  their  own  hands. 

6.  Privately  owned  railroads  will  parallel  the  State-built  railroads. 
Then  we  will  have  two  railroads  instead  of  one. 

7.  That   the    State   taking   control    of   the    highways   will    drive   out 
private  capital- 
Has  the  State  taking  control  of  railroads  by  the  various  enactments 

and  commissions  driven  away  capital?  It  would  seem  not.  When  a  city 
takes  control  of  its  gas  works,  street  railways  or  water  works,  capital 
is  not  driven  from  the  city,  nor  discouraged,  but  the  capital  released  from 
these  investments  immediately  seeks  another  form  of  investment. 

8.  That  the  money  barons  would  kill  the  sale  of  the  bonds. 

The  money  barons  could  kill  the  sale  of  bonds  by  any  private  corpoi'a- 
tion  formed  in  Oregon,  but  could  no  more  impair  the  credit  of  the  bonds  of 
the  sovereign  State  of  Oregon  than  they  could  the  bonds  of  the  United 
States. 

The  State  is  already  in  the  railroad  business,  operating  the  portage 
railroad  at  The  Dalles,  and  as  this  does  not  bring  the  State  a  visible  net 
profit  it  is  pointed  out  as  a  horrible  example.  The  fact  is,  it  was  never 
expected  to  be  profitable  in  itself.  It  is  not  strictly  a  railroad,  but  a  link 
in  river  navigation.  It  should  be  valued,  like  a  fire  engine,  by  the 
purpose  it  serves,  namely:    forcing  a  reduction  of  railroad  rates. 

It  is  not  necessary  that  the  State  should  engage  in  railroad  operation. 
The  existing  j-ailroads  are  not  operated  by  the  capitalists  who  own  them, 
but  by  salaried  men,  and  there  are  plenty  of  men  in  the  United  States 
without  capital  to  build  roads  who  would  be  glad  to  form  operating 
companies  and  lease  roads  owned  by  the  State. 

There  is  one  great  consideration  lost  sight  of,  and  that  is  that  the 
right-of-way  of  a  railroad  becomes  the  most  valuable  property  in  the 
State  as  the  State  develops  and  becomes  populous.  For  example,  the 
right-of-way  of  the  Western  &  Atlantic,  which  was  originally  worth 
nothing,  is  now  rated  at  twelve  million  dollars.  In  the  same  way, 
rights-of-way  through  Oregon  which  are  now  rated  at  nothing  will 
twenty  years  hence,  when  the  State  is  thickly  populated,  be  worth  many 
millions  of  dollars.     Should  not  these  properties  be  secured  by  the  State 


32  Pamphlet  Containing  Measures  to  be 

now,  rather  than  some  day  pay  the  private  owners  immense  sums  for 
taking  them  over?  These  values  are  made  by  the  increase  of  population 
and  they  belong  to  the  people,  not  to  the  railroad.  It  is  true  the  railroad 
will  have  helped  develop  the  State  and  bring  in  the  population,  but  it 
will  have  been  paid  day  by  day  for  so  doing  and  the  unearned  increment 
belongs  to  the  people  as  a  whole  who  have  made  it. 

In  conclusion,  read  the  amendment  itself.  Consider  if  it  is  not  right 
that  the  people  should  own  and  control  their  own  highways  and  if  the 
other  highways,  why  not  the  most  important  ones,  the  railroads?  Con- 
sider that  operation  is  entirely  distinct  from  ownership.  Consider  that 
all  we  are  trying  to  do  now  in  the  way  of  regulation  of  railroads  by  a 
complex  and  imperfect  plan  may  be  easily  done  by  dictating  in  the  lease 
to  the  operating  company  those  conditions  under  which  it  shall  have  the 
privilege  of  operation. 

Do  not  be  misled  by  the  fact  that  there  is  suggestion  of  railroad  build- 
ing now  in  Oregon.  Perhaps  this  very  amendment  may  have  been  the 
cause.  If  we  needed  it  once  we  may  need  it  again,  and  more  than  all  it  is 
right  as  a  general  principle,  because  it  is  the  assumption  by  the  people 
of  a  power  which  naturally  and  inherently  belongs  in  them. 

C.  E.   S.   WOOD, 
E.  HOFER, 
WM.  GRIMES, 

E.  s.  J.  McAllister, 

W.  S.  U'REN. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         33 
AN    AMENDMENT 

TO  THE 

CONSTITUTION  OF  THE  STATE  OF  OREGON 
To  be   SUBMITTED   TO   THE  LEGAL  ELECTORS  OF   THE   STATE   OF 

Oregon  for  their  approval  or  rejection 

AT  THE 

regular  general  election 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO   AMEND 

Section  1  of  Article  IX, 

Proposed  by  the  Legislative  Assembly  and  filed  in  the  office  of  the  Secre- 
tary of  State  February  23,  1909,  in  accordance  with  the  provisions 
of  Section  1  of  Article  XVII  of  the  Constitution  of  the  State 
of  Oregon,  adopted  by  the  people  June  4,  1906. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 

referred  to  the  people  by  legislative  ASSEMBLY 

For  an  amendment  of  Section  1  of  Article  IX  of  the 
Constitution  of  the  State  of  Oregon,  directing  a  uni- 
form rule  of  taxation  "except  on  property  specifically 
taxed,"  authorizing  the  levy  and  collection  of  taxes 
for  State  purposes  and  for  county  and  other  muni- 
cipal purposes  upon  different  classes  of  property,  and 
appropriating  State  taxes  among  the  several  counties 
as  county  obligations.  Vote  YES  or  NO. 

312.  Yes. 

313.  No. 


34  Pamppilet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  312  and  313.] 

HOUSE  JOINT  RESOLUTION  NO.  17. 

Be  it  resolved  by  the  House  of  Representatives,  the  Senate  concurring : 

That  Section  1  of  Article  IX  of  the  Constitution  of  the  State  of 
Oregon  be,  and  the  same  is,  abrogated,  and  in  lieu  thereof  shill  be 
inserted  the  following: 

Section  1.  The  Legislative  Assembly  shall,  and  the  people  through 
the  initiative  may,  provide  by  law  a  uniform  rule  of  taxation,  except  on 
property  specifically  taxed.  Taxes  shall  be  levied  on  such  property  as 
shall  be  prescribed  by  law.  The  legislature,  or  the  people  through  the 
initiative,  may  provide  for  the  levy  and  collection  of  taxes  for  State 
purposes  and  for  county  and  for  other  municipal  purposes  upon  different 
classes  of  property,  and  may  provide  for  the  ascertainment,  determina- 
tion, and  application  of  an  average  rate  of  levy  and  taxation  upon  property 
taxed  for  State  purposes.  The  legislative  power  may  provide  for  the 
apportioning  of  any  State  tax  among  the  several  counties  as  county  obliga- 
tions to  the  State  by  reasonable  and  equitable  rules. 

Adopted  by  the  House,  February  15,  1909. 

C.  N.  McARTHUR,  Speaker  of  the  House. 

Concurred  in  by  the  Senate,  February  18,  1909. 

JAY  BOWERMAN,  President  of  the  Senate. 

(Endorsed) 

House  Joint  Resolution  No.  17. 

W.  F.  Drager,  Chief  Clerk. 

Filed  February  23,  1909. 

F.  W.  Benson,  Secretary  of  State. 

(Affirmative  ai-gument  follov^ing  No.  308,  covers  this  measure.) 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         35 


A    MEASURE 

To  fix  the  salary  of  the  Judge  of  the  Circuit  Court  of  the  Eighth  Judicial 

District  in  this  State  and  to  provide  for  the  manner  of  its  payment, 

filed  in  the  office  of  the  Secretary  of  State,  February  12,  1909. 

TO  BE   SUBMITTED  TO  THE  LEGAL  ELECTORS  OF  THE  STATE   OF 
OREGON    FOR    THEIR    APPROVAL    OR    REJECTION 

AT   THE 
REGULAR   GENERAL   ELECTION 

TO   BE    HELD 

On  the  Eighth  Day  of  November,  1910, 

Referendum  ordered  by  petition  of  the  people  filed  in  the  office  of  the 

Secretary  of  State,  May  20,  1909,  in  accoi'dance  with  the  provisions 

of  Section  1  of  Article  IV  of  the  Constitution  of  the  State 

of  Oregon,  adopted  by  the  people  June  2,  1902. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is   the  form  and  number   in  which  the  question   will   be 

printed  on  the  official  ballot: 

REFERENDUM  ORDERED  BY  PETITION  OF  THE  PEOPLE 


An  act  providing  for  the  pajinent  of  $1000.00  annually 
to  the  Judge  of  the  Eighth  Judicial  District,  b>  Baker 
county,  in  addition  to  the  annual  salary  of  $3000.00 
received  by  him  from  the  State.  Vote  YES  or  NO. 

314.  Yes. 

315.  No. 


36  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  314  and  315.] 

AN  ACT 

To  fix  the  salary  of  the  Judge  of  the  Circuit  Court  of  the  Eighth  Judicial 

District  in  this  State  and  to  provide  for  the  manner  of  its  payment. 
Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  The  Judge  of  the  Circuit  Court  of  the  Eighth  Judicial  Dis- 
trict in  this  State  shall  receive  an  annual  sajary  of  three  thousand 
/  $3000.00)  dollars,  payable  quarterly,  by  the  State,  as  the  salaries  of 
other  circuit  judges  are  paid;  and  in  addition  thereto  there  shall  be  paid 
annually  by  Baker  county,  out  of  the  county  funds,  to  the  judge  of  said 
court  the  sum  of  one  thousand  ($1000.00)  dollars,  which  said  sum  shall 
be  audited  and  paid  monthly  in  the  same  manner  as  county  officers  are 
paid.  The  judge  of  said  Circuit  Court  shall  not  receive  any  other  allow- 
ance for  his  services,  either  directly  or  indirectly. 

Section  2.     All  acts  and  parts  of  acts  in  conflict  herewith  are  hereby 
repealed. 

Passed  by  the  House,  February  2,  1909. 

C.  N.  McARTHUR,  Speaker  of  the  House. 

Passed  by  the  Senate,  January  22,  1909. 

JAY  BOWERMAN,  President  of  the  Senate. 
(Endorsed) 

Senate  Bill  No-  32. 

Wm.  H.  Barry,  Chief  Clerk. 

Executive  Department,  State  of  Oregon.     Received  February  5,  1909. 

Passed  the   Senate,   February   11,   1909,   notwithstanding  the  veto   of 
the  Governor. 

Wm.  H.  Barry. 

Passed   the   House,   February   11,    1909,   notwithstanding  the  veto   of 
the  Governor. 

W.  F.  Drager,  Chief  Clerk. 

Filed  February  12,  1909. 

F.  W.  Benson,  Secretary  of  State. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         37 


A    BILL 

TO  BE  SUBMITTED  TO  THE  LEGAL  ELECTORS  OF  THE   STATE  OF 
OREGON  FOR   THEIR   APPROVAL   OR  REJECTION 

AT   THE 
REGULAR    GENERAL    ELECTION 

TO   BE   HELD 
ON  THE  EIGHTH  DAY  OF  NOVEMBER,   1910, 

To  propose  by  initiative  petition  a  law  to   create  tlie  County  of  Nesmith, 

fixing  the  salaries  of  its  officers  and  providing  for  its  organization. 
By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  Decem- 
ber 4,  1909,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 

Printed  in  pursuance   of  Section  8  of   Chapter  226,  Laws  of   1907. 

Secretary  of   State. 

The  following  is  the  form  and  number  in  which   the  question  will  be  sub- 
mitted on  the  official  ballot: 


PROPOSED  BY  INITIATIVE  PETITION. 


A  bill  for  an  act  to  create  the  County  of  Nesmith  out 
of  a  portion  of  the  northern  part  of  Douglas  County 
and  the  southern  part  of  Lane  County;  providing  for 
its  organization,  fixing  the  salaries  of  the  officers 
thereof,  and  for  adjusting  finances  between  the  three 
counties.  Vote  YES  or  NO. 


316.  Yes. 

317.  No. 


38  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  316  and  317.] 

A   BILL 

To   propose   by   initiative   petition   a   law   creating   the   County   of   Nesmith, 
fixing  the  salaries  of  its  officers  and  providing  for  its  organization. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  all  that  portion  of  the  State  of  Oregon  embraced  within 
the  following  boundary  lines  be,  and  the  same  is  hereby  created  and 
organized  into  a' separate  county,  by  tho  name  of  Nesmith,  to-wit:  Be- 
ginning at  the  southwest  corner  of  section  7,  township  19  south  of  range 
west  of  the  Willamette  Meridian,  and  running  thence  south  1(5  miles,  to  the 
southwest  corner  of  township  21  south  of  range  7  west  of  the  Willamette 
Meridian ;  thence  east  a.  mg  township  line  21  miles  to  the  southeast  corner 
of  section  33,  township  21  south  of  range  4  west  of  the  Willamette  Meridian; 
thence  south  following  the  section  lines  1-5  miles  to  the  southeast  corner  of 
section  16,  township  24  south  of  range  4  west  of  the  Willamette  Meridian; 
thenee  east  following  the  section  lines  15  miles  to  the  southeast  corner  of 
section  13,  township  24  south  of  range  2  west  of  the  Willamette  Meridian; 
thence  south  along  range  line  9  miles  to  the  southwest  corner  of  township 
2.5  south  of  range  1  west  of  the  Willamette  Meridian;  thence  east  on  town- 
ship line  between  townships  25  and  26  to  the  summit  of  the  Calapooia  range 
of  mountains;  thence  in  an  easterly  direction,  following  the  summit  of  the 
Calapooia  range  of  mountains  to  its  junction  with  the  summit  of  the  Cascade 
range  of  mountains;  thence  northerly,  following  the  ^^ummit  of  the  said 
Cascade  range  of  mountains  to  its  intersection  with  the  township  line  be- 
tween townships  2]  and  22  south;  thence  west  along  said  township  line  to 
the  southeast  corner  of  township  21  south  of  range  2  east  of  the  Wil- 
lamette Meridian;  thence  north  following  section  lines  2  miles;  thenee  west 
2  miles;  thence  north  2  miles;  thence  west  2  miles;  thence  north  2  miles; 
thence  west   ^  miles  to  the  southwest  corner  of  township  20  south   of  range 

1  east  of  the  Willamette  Meridian;  thence  north  3  miles  to  the  southeast 
corner  of  section  13,  township  20  south  of  range  1  west  of  Willamette 
Meridian;  thence  west  following  section  lines  6  miles  to  the  southwest  cor- 
ner of  section  18,  township  20  south  of  range  1  west  of  the  Willamette 
Meridian;  thence  north  3  miles  to  the  northeast  corner  of  township  20 
south  of  range  2  west  of  the  Willamette  Meridian;  thence  following  section 
lines  west  3  miles  to  southeast  corner  of  section  33,  township  19  south,  range 

2  west  of  Willamette  Meridian;  thence  north  4  miles;  thence  west  3  miles; 
thence  north  2  miles  to  the  northwest  corner  of  township  19  south  of  range 
2  west  of  the  Willamette  Meridian;  thence  west  9  miles  to  the  northwest 
corner  of  section  3,  township  19  south  of  range  4  west  of  the  Willamette 
Meridian;  thence  south  2  miles  to  the  northeast  corner  of  section  16,  town- 
ship 19  south  of  range  4  west  of  the  Willamette  Meridian;  thence  west, 
following  section  lines  to  the  place  of  beginning. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910    39 

Section  2.  That  the  territory  embraced  within  said  boundaries  shall 
compose  a  county  for  all  civil  and  military  purposes  and  shall  be  subject 
to  the  same  laws  and  restrictions  and  be  entitled  to  elect  the  same  officers 
as  other  counties  of  this  State;  provided,  that  it  shall  be  the  duty  of  the 
Governor,  as  soon  as  it  shall  be  convenient  after  this  law  shall  have  gone 
into  effect,  to  appoint  for  Nesmith  County  and  from  its  citizens,  the  several 
county  officers  allowed  by  law  to  other  counties  in  this  State,  which  said 
officers,  when  duly  qualified  according  to  law,  shall  be  entitled  to  hold  their 
respective  offices  until  their  respective  successors  shall  have  been  duly  elect- 
ed at  the  general  election  of  1912  and  are  duly  qualified  according  to  law. 

Section  3.  The  temporary  county  seat  of  Nesmith  County  shall  be 
located  at  Cottage  Grove,  in  said  county,  until  a  permanent  location  shall 
have  been  adopted.  At  the  next  general  election  the  question  shall  be  sub- 
mitted to  the  legal  voters  of  said  county,  and  the  place,  if  any,  which  shall 
receive  a  majority  of  all  the  votes  east  at  said  election  upon  said  question, 
shall  b6  the  permanent  county  seat  of  said  county.  But  if  no  place  shall  re- 
ceive a  majority  of  all  the  votes  so  east,  the  question  shall  again  be  sub- 
mitted to  the  legal  voters  of  said  county  at  the  next  general  election,  but 
between  the  two  points  having  the  highest  number  of  votes  at  said  first  elec- 
tion, and  the  place  receiving  the  highest  number  of  votes  so  cast  at  such 
election  shall  be  the   permanent   county   seat   of   said   county. 

Section  4.  Said  County  of  Nesmith  shall,  for  representative  purposes 
be  annexed  to  the  third  representative  district,  and  for  senatorial  purposes 
said  county  shall  be  annexed  to  the  third  senatorial  district,  being  the  repre- 
sentative and  senatorial  districts,  respectively,  formerly  composed  of  Lane 
County.     And  shall  also  be  attached  to  the  second  horticultural  district. 

Section  5.  The  County  Clerks  of  Lane  and  Douglas  Counties,  respec- 
tively, shall  within  thirty  days  after  this  law  shall  have  gone  into  opera- 
tion, make  out  and  deliver  to  the  County  Clerk  of  Nesmith  County,  a  tran- 
script of  all  taxes  upon  all  persons  and  property  within  said  Nesmith  County, 
which  were  previously  included  within  the  limits  of  Lane  and  Douglas 
<''ounties,  respectively,  and  all  taxes  which  shall  remain  unpaid  upon  the  day 
this  act  shall  become  a  law,  shall  be  paid  to  the  proper  officers  of  Nesmith 
County.  The  county  clerks  of  Lane  and  Douglas  Counties,  respectively,  shall 
also  make  out  and  deliver  to  the  county  clerk  of  Nesmith  Counties,  within 
the  time  above  limited,  a  transcript  of  all  eases  pending  in  the  Circuit  and 
County  Courts  of  their  respective  counties,  between  parties  residing  in  or 
concerning  property  located  in  Nesmith  County,  and  transfer  all  original 
papers  and  pleadings  in  such  cases  to  the  clerk  of  Nesmith  County,  and  all 
such  cases  shall  be  tried  in  said  Nesmith  County. 

Section  6.  There  shall  be  a  session  of  the  County  Court  of  Nesmith 
County  for  the  transaction  of  county  business  held  at  the  county  seat  on  the 
first  Wednesday  in  January,  March,  May,  July,  September  and  November 
of  each  year. 

Section  7.  The  said  County  of  Nesmith  is  hereby  attached  to  the  second 
judicial  district  for  judicial  purposes  and  to  the  fourth  prosecuting  attorneys' 


40  Pamphlet  Containing  Measures  to  be 

district  and  the  terms  of  the  Circuit  Court  for  said  county  shall  be  held  at 
the  county  seat  of  said  county,  on  the  first  Monday  in  April  and  October  of 
each  year. 

Section  8.  Until  otherwise  provided  by  law,  the  County  Judge  of  Nes- 
mith  County  shall  receive  an  annual  salary  of  $600;  County  Clerk  of  said 
county  shall  receive  an  annual  salary  of  $1,200;  the  Sheriff  of  said  county 
shall  receive  an  annual  salary  of  $1,200;  the  treasurer  of  said  county  shall 
receive  an  annual  salary  of  $300;  the  Assessor  of  said  county  shall  receive  an 
annual  salary  of  $900;  the  County  School  Superintendent  of  said  county 
shall  receive  an  annual  salary  of  $400;  and  the  County  Commissioners  of 
said  county  shall  receive  the  sum  of  ^')  per  day  each  for  the  time  actually 
engaged   in   the  transaction   of  county  business. 

Section  9.  The  County  Court  of  Nesmith  County  shall  let  bj'  contract 
to  the  lowest  responsible  and  efficient  bidder  or  bidders,  in  separate  con- 
tracts the  worlv  of  trans'cribing  all  records  of  Lane  and  Douglas  Counties, 
respectively,  affecting  real  estate  situate  in  Nesmith  County  and  when  com- 
pleted they  shall  be  examined  and  certified  to  by  the  County  Clerk  of  Nes- 
mith County,  and  shall  thereafter  be  recognized  and  acknowledged  as  the  of 
ficial  records  of  Nesmith  County;  provided,  the  County  Clerk  of  said 
Nesmith  County  shall  be  allowed  to  bid  upon  such  work. 

Section  10.  It  shall  be  the  duty  of  the  county  school  superintendents 
of  Lane  and  Douglas  Counties,  respectively,  within  thirty  days  after  the 
appointment  of  a  county  school  superintendent  for  Nesmith  County,  to  make 
out  and  forward  to  said  school  superintendent  of  Nesmith  County  a  true 
and  correct  transcript  or  abstract  of  the  annual  reports  of  the  clerks  of  the 
various  school  districts  embraced  within  the  County  of  Nesmith.  The  com- 
missioners hereinafter  named  and  appointed  to  adjust  the  property  and 
financial  interests  of  Lane  and  Nesmith  and  Douglas  and  Nesmith  Counties, 
respectively,  shall  at  the  same  time  ascertain  what,  if  any,  sum  or  sums  of 
money  belonging  to  the  school  fund  is  in  the  hands  of  the  Treasurers^  of 
Lane  and  Douglas  Counties,  respectively,  which  should  be  paid  to  Nesmith 
County,  and  said  sum  or  sums,  if  any,  shall  be  paid  to  Nesmith  County  within 
thirty  days  after  such  award. 

Section  11.  Tlie  County  Treasurer  of  Nesmith  County  shall,  not  later 
than  October  L5th,  1911,  pay  over  to  the  Treasurers  of  Lane  and  Douglas 
Counties,  respectively,  the  full  amount  of  State  tax  of  the  assessment  of 
1910,  due   from   citizens  of  Nesmith   County. 

Section  12.  The  Treasurer  of  Nesmith  County  shall,  within  one  year 
after  its  organization  by  the  appointment  of  its  officers  as  herein  before 
provided,  assume  and  pay  to  the  counties  of  Lane  and  Douglas,  respectively, 
a  pro  rata  proportion  of  the  remaining  indebtedness,  if  any,  of  said  Lane 
and  Douglas  counties,  respectively,  after  deducting  therefrom  the  amount 
of  money  that  has  been  colle.cted  in  taxes  from  the  territory  taken  from 
said  Lane  and  Douglas  Counties,  respectively,  if  any,  and  expended  by  said 
respective  counties  for  public  buildings  or  other  property;  provided,  that  if. 
when  this  law  goes  into  effect,  there  is  no  indebtedness  of  said  Lane  and 
Douglas   Counties,   respectively,   then   Nesmith    County   shall   be    entitled   to 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         41 

credit  and  said  counties  respectively  sliall  pay  to  Nesmith  County  the 
amount  of  money  that  has  been  collected  in  taxes  from  the  territory  taken 
from  said  respective  counties,  by  this  law,  and  included  in  the  County  of 
Nesmith,  and  expended  by  said  Counties  of  Lane  and  Douglas,  respectively, 
if  any,  for  public  buildings  and  other  property;  provided,  further,  that  if. 
when  this  law  takes  effect  and  after  t-he  payment  of  all  indebtedness  and 
expenses  of  Lane  and  Douglas  Counties,  respectively,  up  to  that  time  there 
shall  be  a  balance  of  money  in  the  hands  of  the  Treasurers  of  said  Lane 
and  Douglas  Counties,  respectively,  then,  and  in  that  event,  the  County 
Treasurers  of  Lane  and  Douglas  Counties,  respectively,  shall,  within  thirty 
days  after  this  law  takes  effect,  or  within  thirty  days  after  the  amount 
thereof  shall  have  been  determined  by  the  commissioners  hereinafter  ap- 
pointed, pay  to  the  Treasurer  of  Nesmith  Couirty  such  proportion  of  the 
balance  so  in  the  hands  of  the  Treasurers  of  Lane  and  Douglas  Counties, 
respectively,  after  the  payment  of  the  indebtedness  and  expenses  afore- 
said, as  the  total  value  of  the  property  in  Nesmith  County  taken  from  said 
respective  counties  by  this  law  bears  to  the  total  value  of  property  in  said 
Lane  and  Douglas  Counties  respectively,  and  according  to  assessment  of  1910. 

Section  13.  The  County  Judges  of  Lane  and  Nesmith  Counties  and 
L.  D.  Scarbrough  of  Creswell,  Oregon,  are  hereby  appointed  a  board  of 
commissioners  to  determine  the  value  of  the  county  buildings  and  other 
property  in  Lane  County;  the  amount  of  indebtedness,  if  any,  to  be  as- 
sumed by  Nesmith  County,  and  be  paid  to  Lane  County,  and  the  amount 
of  money  that  may  be  due  from  Lane  County  to  the  County  of  Nesmith, 
under  the  terms  of  section  12  of  this  law.  Said  board  shall  meet  at  the 
county  seat  of  Lane  County  within  thirty  days  after  this  law  takes  effect 
and  thereupon  determine  said  matters. 

Section  14.  The  County  Judges  of  Douglas  and  Nesmith  Counties  and  C. 
M.  Henderer  of  Leona,  Oregon,  are  hereby  appointed  a  board  of  com- 
missioners to  determine  the  value  of  the  county  buildings  and  other  property 
of  Douglas  County,  the  amount  of  indebtedness,  if  any,  to  be  assumed  by 
Nesmith  County,  and  be  paid  to  Douglas  County,  and  tho  amount  of  money 
that  may  be  due  from  Douglas  County  to  Nesmith  County  under  the  terms 
of  Section  12  of  this  law.  Said  board  shall  meet  at  the  county  seat  of 
Douglas  County  within  thirty  days  after  this  law  goes  into  effect  and 
thereupon  determine  said  matters. 

Section  15.  After  taking  and  subscribing  an  oath  to  faithfully  dis- 
charge their  respective  duties,  said  boards,  respectively,  shall  proceed  with 
such  work  and  when  it  is  completed  shall  file  reports  of  their  conclusions  in 
duplicate  with  the  clerks  of  Lane  and  Nesmith  and  Douglas  and  Nesmith 
Counties,  respectively.  In  case  of  a  vacancy  in  either  of  said  boards,  the 
same  shall  be  filled  by  the  appointment  of  some  suitable  person  or  persons 
by  the  Governor  of  the  State. 

Section  16.  Within  thirty  days  after  the  filing  of  such  reports,  re- 
spectively, either  county  may  appeal  from  the  decision  of  said  board 
to  the  Circuit  Court  of  Lane  or  Douglas  Counties  by  serving  notice  of  appeal 
upon   the  clerk   of   the  other  county   interested.     Upon  perfecting  the   issue 


42  Pamphlet  Containing  Measures  to  be 

in  such  Circuit  Court,  either  county  may  (iemand  a  change  of  venue  to  any 
other  county  in  the  second  judicial  district,  or  other  Circuit  Court  of  the 
State  of  Oregon,  for  any  county  which  may  be  agreed  upon  by  said  counties, 
or  in  the  event  of  a  disagreement,  to  any  county  which  may  be  designated  by 
the  .iudge  of  the  court  where  said  proceeding  is  pending.  The  trial  may  be 
by  jury  and  the  judgment  rendered  may  be  enforced  as  other  judgments 
against  counties.  If  the  county  appealing  fails  to  recover  a  more  favorable 
judgment  than  the  finding  of  the  board  appealed  from  by  at  least  $500,  it 
stall  pay  the  costs  of  the  appeal.  If  no  appeal  be  taken  by  either  party, 
within  the  thirty  days  above  provided,  the  findings  of  said  board  shall  be 
final  and  conclusive.  The  members  of  said  board  shall  receive  the  sum  of 
$3  per  day  for  each  day  actually  employed  and  the  same  mileage  as  a  wit- 
ness in  the  Circuit  Court.  •  The  expenses  incurred  by  tlie  above  mentioned 
boards,  respectively,  shall  be  borne  equally  by  the  two  counties  intereste.d. 


Submitted  to  Voters  of  Oregon  Nov.  8.  1910         43 

ARGUMENT 

(afBrmative) 

SUBMITTED    BY 

THE  NESMITH  COUNTY  COMMITTEE 

ill  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

proposed  by  initiative  petition 

A  bill  for  an  act  to  create  the  County  of  Nesmith  out 
of  a  portion  of  the  northern  part  of  Douglas  County 
and  the  southern  part  of  Lane  County;  providing  for 
its  organization,  fixing  the  salaries  of  the  officers 
thereof,  ard  for  adjusting  finances  between  the  three 
counties.  Vote   YES   or   NO. 

HIG.  ^■|''S. 

:n7.  No. 

ARGUMENT  SUBMITTED  BY  THE   NKSMITH   COUNTY  COMMITTEE, 

representing^  92  per  cent  of  the  qualified  electors  within   proposed  Nesmith 

County,  in  favor,  of  initiative  bill  for  the  creation  of  a  county  to  be 

known  as  Nesmith,  from  parts  of  Lane  and  Douglas  Counties. 

The  people  of  Southern  Lane  and  Northern  Douglas  Counties,  number- 
ing more  than  8,000,  believing  local  self-government  to  be  the  ideal  form 
of  government  for  the  primary  reason  that  any  locality  is  better  qualified 
to  adm'nister  its  own  governmental  affairs  than  persons  who  have  no  special 
interest  in  it  or  the  citizens  thereof,  have  initiated  a  bill  for  the  creation 
of  a  county  to  be  known  as  Nesmith  from  parts  of  Lane  and  Douglas.  They 
contend  that  the  nearer  home  governnient  is  the  cheaper;  that  laws  are 
more  effectually  enforced;  that  greater  development  of  country  is  attainable; 
that  more  and  better  highways  are  possible;  that  the  citizens  of  the  pro- 
posed county  would  be  eonvenieuced  bv  being  nearer  the  seat  of  govern- 
ment; that  taxation  and  representation  should  go  hand  in  hand;  that  the 
community  would  be  rendered  more  effective  in  increasing  population,  de- 
veloping the  resources  of  the  territory,  thereby  materially  aiding  in  the 
building  up  of  a  greater  Oregon. 

The  Constitution  of  Oregon  absolutely  prohibits  the  Legislative  Assem- 
bly from  creating  a  county  by  a  law  passed  for  that  purpose  alone,  and 
there  is  no  general  law  for  the  creation  of  counties,  hence  the  question  must 
be'decjded  by  the  people  at  the  polls.  That  the  citizens  of  the  proposed 
'cbunty  are  practically  unanimous  in  favor  of  creating  the  County  of'Nesmjth 


44  Pamphlet  Containing  Measures  to  be 


is  shown  by  the  fact  that  92  per  cent  of  the  qualified  electors  in  the  ter- 
ritory mentioned  signed  a  petition  praying  for  its  formation.  The  lines 
have  been  drawn  in  strict  adherence  to  the  topography  and  natural  water- 
sheds of  the  country  affected,  leaving  vast  resources  and  large  population  to 
both  old  counties,  and  in  each  case  taking  less  value  than  area,  the  chief 
desire  being  to  benefit  the  citizens  of  the  proposed  County  of  Nesmith 
without  working  injury  to  either  Lane  or  Douglas,  or  any  resident  thereof. 
All  boundary  lines  follow  natural  divides  as  near  as  practicable,  and  to  the 
proposed  temporary  county  seat — Cottage  Grove — it  is  in  the  aggregate  "an 
easy  down-hill  pull,"  thus  making  it  convenient  for  a  large  per  cent  of  the 
rural  residents  of  the  proposed  county  to  transact  their  business  at  that 
point,  as  is  now  their  custom.  The  north  boundary  line,  on  an  air  line,  is 
six  and  three-quarters  miles  from  the  courthouse  of  Lane  County,  while  by 
either  rail  or  wagon  road  the  distance  is  eleven  miles,  or  exactly  half  way 
between  Eugene  and  Cottage  Grove.  The  dividing  line  is  the  center  of 
an  untravelable  swale  fully  two  miles  in  width  and  approximately  seven 
miles  in  length,  and  between  this  swale  and  Eugene,  the  county  seat  of 
Lane  County,  is  a  range  of  mountains.  The  nearest  the  line  at  any  point 
on  the  south  comes  to  Roseburg,  the  county  seat  of  Douglas  County  is 
twenty  miles  on  an  air  line,  and  the  territory  sought  is  naturally  tributary  to 
the  center  of  population  within  the  proposed  County  of  Nesmith.  At  no 
point  is  the  line  east  of  Roseburg,  and  it  leaves  the  inhabitable  portion  of 
the  Umpqua  A'^alloy  to  Douglas  County.  With  reference  to  the  shape  of 
proposed  Nesmith  County,  as  well  as  the  shape  of  the  area  remaining  to  the 
existing  counties,  let  it  be  understood  that  the  streams,  valleys  and  ridges 
all  have  an  east  and  west  course  or  a  southeast  and  northwest  course;  that 
all  main  lines  of  travel  must  necessarily  follow  these  valleys,  which  lead 
to  the  main  towns  as  at  present  existing;  that  there  would  be  no  justification 
for  any  design  that  would  violate  this  cardinal  principle  which  governs -the 
building  up  of  community  interests. 

The  County  of  Lane  has  an  area  of  4.380  square  miles,  equal  to  about 
2,800,000  acres.  Douglas  County  contains  4,861  square  miles,  or  approxi- 
mately 3,000,000  acres.  As  will  be  seen,  the  joint  area  of  these  two  counties 
is  greater  than  the  entire  Willamette  Valley,  which,  exclusive  of  the  foot- 
hills, contains  only  5,000,000  acres.  Lane  and  Douglas  Counties  were  or- 
ganized fifty  years  or  more  ago,  when  the  area  embraced  was  sparsely 
settled  and  their  great  resources  wholly  undeveloped.  Their  joint  area,  it 
will  be  observed,  is  9,241  square  miles,  while  the  joint  area  of  ten  other 
counties  in  Western  Oregon  is  but  8,746  square  miles,  making  the  ter- 
ritory from  which  it  is  proposed  to  carve  Nesmith  County  455  square 
miles  greater  than  these  ten  other  counties.  And  yet  the  people  find  it  to 
their  interest  to  maintain  these  ten  separate  county  organizaions  in  this 
territory.  It  is  proposed  to  take  only  1.940  square  miles  from  Lane  and 
Douglas'  joint  area  of  9,241.  The  assessed  valuation  of  Nesmith  County, 
as  shown  by  the  records,  would  bo  $5,309,575,  of  which  $4,004,273  would 
come  fro-n  Lane  (leaving  it  $18,002,647),  and  $1,305,302  from  Douglas 
leaving    it    $27,275,740).     The    total    population    of    the    new    county    would 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         45 

be  8,656,  of  which  number  7,680  would  be  taken  from  Lane  and  976  from 
Douglas.  Nesmith  would  have  394  miles  of  roads,  with  their  accompanying- 
bridges,  360  miles  coming  from  Lane  and  34  from  Douglas.  Forty-four 
school  districts  would  be  incorporated  in  the  new  county,  and  it  would  have 
2,160   children   of   school   age. 

The  country  within  the  boundaries  of  proposed  Xesmith  County  is  cap- 
able of  maintaining  an  organization  that  would  be  to  the  best  interests  of 
the  people  embraced  within  that  county,  and  at  the  same  time  not  deprive 
any  other  people  affected  of  their  rights,  or  increase  their  burdens,  or  work 
them  any  injustice,  unless  to  deprive  them  of  the  privilege  of  collecting 
revenue  from  residents  of  the  seceding  territory  without  just  distribution 
of  benefits  should  be  considered  a  vested  right  to  the  county  seats  of  the 
existing  counties.  County  judges  and  county  commissioners  of  the  respec- 
tive counties  have  absolute  control  of  all  county  money,  and  also  of  all  roads 
and  bridges.  Cottage  Grove,  the  geographical  center  of  the  proposed  County 
of  Nesmith,  and  the  second  city  in  point  of  population  in  Lane  County,  has 
never  been  permitted  to  have  a  county  judge,  and  it  has  been  24  years 
since  this  section  of  the  county  had  a  representative  on  the  Board  of  County 
Commissioners.  That  portion  of  Douglas  County  included  in  proposed  Nes- 
mith County  has  never  had  either  a  judge  or  commissioner,  and  the  legis- 
lative representatives  from  both  the  existing  counties  in  question  are  from 
the  county  seats  of  the  respective  counties. 

It  has  been  contended  by  some  opponents  to  the  measure  that  Nesmith 
County  had  taken  valuable  timber  into  its  boundaries  for  the  sole  purpose 
of  deriving  revenue  therefrom  when  the  Government  disposes  of  the  ripe 
product,  but  it  is  a  well-known  fact  that  every  county  in  which  a  natural 
forest  is  situate  gets  its  proportion  of  the  2o  per  cent  awarded  by  the  Gov- 
ernment from  sales  made  in  that  reserve,  regardless  of  the  location  of  the 
timber  thus  sold.  Nesmith  County  would  take  only  20  per  cent  of  the  joint 
timber  area  of  Lane  and  Douglas  Counties  within  the  reserve,  and  hence 
would  receive  but  20  per  cent  of  the  money  that  would  otherwise  go  to  the 
two   existing   counties. 

With  this  honest  presentation  of  facts,  borne  out  by  the  records  of 
Lane  and  Douglas  Counties,  and  with  an  expression  of  confidence  that  the 
electors  of  Oregon  will  appreciate  the  merits  of  the  measure  and  aid  in 
its  consummation  at  the  polls  on  November  8  next,  we  rest  our  case  with 
them.  The  people  of  the  proposed  county  seek  its  creation  from  honest 
motives;  the  promoters  of  the  measure  are  the  people,  all  having  a  com- 
mon interest  in  its  success.  No  member  of  the  committee  is  an  office  holder, 
an  office  seeker  or  in  any  way  connected  with  the  municipal  administration 
of  Cottage  Grove,  as  has  been  alleged,  but  is  acting  at  the  instance  of  the 
people   who   seek   self-government. 

Respectfully  submitted. 

THE   NESMITH   COUNTY   COMMITTEE, 

By   LEW   A.  OATES,    Secretary." 


46  Pamphlet  Containing  Measures  to  be 


A    BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
oregon  for  their  approval  or  rejection 

AT   THE 
REGULAR   GENERAL   ELECTION 

TO   BE    HELD 
ON  THE  EIGHTH  DAY  OF  NOVEMBER,  1910, 

To  propose  by  initiative  petition  a  law  to  provide  for  the  permanent  sup- 
port   and    maintenance    of    "The    Oregon    Normal    School    at    Monmouth, 
Polk  County,  Oregon." 
By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June  10, 
1910,   in   accordance   with   the  provisions  of   Chapter   226, 
General  Laws   of   Oregon,   1907. 


Printed   in  pursuance   of  Section   8   of   Chapter  226,  Laws   of   1907. 

Secretary   of    State. 


The  following   is  the  form   and  number  in  which   the   question  will  be  sub- 
mitted   on    the    official   ballot: 


PROPOSED  BY  INITIATIVE  PETITION. 

A  bill  for  a  law  to  provide  for  tlie  permanent  support 
and  maintenance  of  Oregon  Normal  School  at  Mon- 
mouth, Polk  County,  Oregon,  by  levying  an  annual 
tax  of  one-twenty-fifth  of  a  mill  on  the  dollar  upon 
all  the  taxable  property  within  the  State  of  Oregon.         Vote  YES  or  NO 

318.  Yes. 

319.  No. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910    47 


[On  Official  Ballot,  Nos.  318  and  319.1 

A     BILL 

To  propose  by  initiative  petition  a  law  to  provide  for  the  permanent  sup- 
port and  maintenance  of  "The  Oregon  Normal  School  at  Monmouth, 
Polk    County,    Oregon." 

Be  it  enacted  hji  the  people  of  the  State  of  Oregon: 

Section  L  For  the  support  and  maintenance  of  "The  Oregon  Normal 
School  at  Monmouth,  Polk  County,  Oregon,"  for  the  payment  of  salaries 
of  its  teachers  and  employees;  to  keep  the  buildings,  grounds  and  other 
property  thereof  in  repair;  for  the  purchase  of  additional  land  for  the 
campus  thereof,  if  necessary;  for  the  construction  of  bu  Idings  and  additions 
to  the  same,  so  far  as  necessary;  for  the  purchase  of  library  books, 
laboratory  supplies  and  apparatus,  and  for  the  payment  of  necessary  in- 
cidental expenses,  there  is  hereby  levied  an  annual  tax  of  one-twenty-fifth 
of  a  mill  on  the  dollar  upon  all  the  taxable  property  within  the  State 
of  Oregon.  Such  tax  shall  be  levied  and  collected,  as  other  taxes  are  levied 
and  collected,  and  the  fund  arising  therefrom  shall  be  paid  into  the  State 
Treasury  and  kept  separate  and  apart  from  other  funds,  and  shall  be  known 
as  the  "Monmouth  Normal  School  fund,"  and  sliall  be  paid  out  only  on 
warrants  drawn  by  the  Secretary  of  State  on  the  State  Treasurer  against 
said  fund,  and  under  the  supervision  and  direction  of  the  Board  of  Regents 
and  their  successors  in  office.  If  any  portion  of  said  fund  shall  not  be 
used  during  any  fiscal  year,  the  balance  remaining  shall  be  carried  over 
until  the  next  year  and  added  to  the  fund  for  that  year,  and  the  Secre- 
tary of  State  is  authorized  and  directed  to  audit  and  allow  all  claims  other- 
wise payable  out  of  such  fund,  regardless  of  the  date  when  contracted,  but 
no  claim  or  indebtedness  incurred  by  or  on  behalf  of  said  school  prior  to 
the  passage  of  this  act  shall  ever  be  paid  out  of  the  fund  hereby  created. 

Section  2.  "The  Oregon  Normal  School  at  Monmouth,  Polk  (bounty, 
Oregon,"  shall  be  controlled,  managed  and  maintained  by  a  Board  of 
Regents  and  their  successors  in  office,  appointed  by  and  with  the  authority 
conferred  upon  them  pursuant  to  Chapter  ]89  of  the  General  Laws  of  Ore- 
gon, filed  in  the  office  of  the  Secretary  of  State  on  February  2nth.  1907. 


48  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(Affirmative) 

SUBMITTED    BY 

ALUMNI   ASSOCIATION   OREGON   NOEMAL   SCHOOL 

in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

PROPOSED   BY   INITIATIVE   PETITION. 

A  bill  for  a  law  to  provide  for  the  permanent  support 
and  maintenance  of  Oregon  Normal  Scliool  at  Mon- 
mouth, Polk  County,  Oregon,  by  levying  an  annual  tax 
of  one-twenty-fifth  of  a  mill  on  the  dollar  upon  all 
the  taxable  property  within  the  State  of  Oregon.  Vote  YES  or  NO. 

318.  Yes. 


3iy.  No. 


ARGUMENT  IN  FAVOR  OF  ABOVE  MEASURE. 

In  behalf  of  an  affirmative  vote  on  No.  318  on  the  official  ballot  which 
l>rovides  for  the  maintenance  of  the  Oregon  State  Normal  School  at  Mon- 
mouth, we  earnestly  desire  to  call  your  attention  to  a  brief  statement  of 
the  facts'  affecting  this  measure.  It  is  the  sole  jmrpose  of  the  Monmouth 
school  to  prepare,  train  and  educate  teachers.  We  all  agree  that  teachers 
are,  and  always  have  been,  an  indispensable  adjunct  to  society.  The  more 
complex  this  society  becomes,  the  more  is  the  need  that  only  trained 
teachers  should  be  employed.  The  time  has  passed  when  merely  a  knowl- 
edge of  the  rudimentary  principles  of  the  three  R's  or  even  a  more  com- 
prehensive knowledge  of  them,  is  all  that  is  required.  Now  that"  the 
methods  and  manner  of  teaching  the  children  practical  knowledge  have 
been  more  definitely  worked  out,  that  the  laws  of  the  delicate,  susceptible 
child  mind  are  more  clearly  understood,  it  is  necessary  that  the  teacher 
have  as  complete  knowledge  of  these  as  possible  to  get  the  best  results,  and 
the  greater  his  knowledge,  the  greater  his  success,  and  that  too  with  a 
larger   number   of   pupils. 

The  Normal  School  is  no  longer  an  experiment;  every  State  in  the 
Union,  save  and  except  Oregon,  has  from  one  to  nineteen.  (See  H.  D. 
Sheldon's  report  on  State  Normal  School  Systems  of  the  United  States.) 
Ohio  has  very  recently  added  two  additional  ones  (T.  C.  Laylin,  Master 
Ohio  State  Grange),  which  makes  three  now  for  that  State.  The  United 
States  maintains  and  operates  a  normal  school   in  the  Philippine  Islands  at 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910 


49 


Manila.  (See  Philippine  Normal  School  Catalog.)  It  goes  without  saying 
that  Oregon  will  have  at  least  one  normal  school.  The  State  must  have  a 
large  number  of  new  teachers  annually;  there  is  but  one  of  three  ways  in 
which  these  can  be  supplied,  namely,  from  the  eighth  grade,  from  impor- 
tation of  trained  teachers  from  our  neighboring  States  or  from  our  own 
State  normal  schools,  the  rightful  source  of  supply.  If  you  have  illness  in 
your  family  you  employ  a  skilled  physician;  if  you  wish  your  valuable  stock 
properly  cared  for  you  employ  only  one  who  is  competent  and  trained  for  the 
work;  but  too  often  you  will  trust  your  child,  with  his  keen,  susceptible,  de- 
veloping mind,  in  the  care  and  under  the  training  of  anyone  who  may  apply, 
and  yet  you  know  that  the  future  of  that  child  is  often  determined  by  the 
teaching  he  receives  while  in  the  public  school.  Again,  it  is  not  fair  to  our 
young  men  and  women  who  desire  to  enter  this  profession  to  compel  them  to 


Normal  School  at  Monmouth,  Oregon 


go  to  a  neighboring  State  for  their  preparation.  Most  of  the  young  ladies 
who  are  training  themselves  are  looking  toward  this  vocation.  Many  of 
them  are  compelled  to  provide  for  their  own  expenses  while  attending  a 
normal  school  and  to  compel  them  to.  go  outside  of  the  State  is  imposing 
a  hardship  which  is  wholly  unfair.  The  tendency  is  to  drive  them  out  of  the 
profession  entirely,  or  to  seriously  discourage  them  in  their  work.  Again, 
they  grow  out  of  a  close  touch  with  the  conditions  within  their  own  State.   ^ 


50  Pamphlet  Containing  Measures  to  be 

We  believe  all  will  agree  that  these  schools  should  be  -wholly  separated 
from   politics  and   from   religions  bias. 

Granted  this,  then  the  question  comes  as  to  location.  Monmouth  is 
the  proper  place  to  establish  a  State  normal;  it  is  easily  accessible  by  a 
number  of  routes,  train  connections  ma}'  be  made  with  the  East  and  West 
Side  trains  six  times  a  day,  and  boat  connections  with  Salem  twice  a  day, 
and  several  more  daily  trains  over  the  projected  electric  lines.  It  is  located 
in  a  most  beautiful  and  healthful  part  of  the  country.  Not  being  a  large 
city  it  is  free  from  the  usual  evil  influences  which  are  there  so.  often  felt. 
As  Yale,  Princeton  and  other  great  schools  have  traditional  connections 
with  pioneer  conditions,  tracing  their  origin  and  growth  through  successive 
developments  in  State  and  National  affairs,  so  does  Monmouth  have  its 
beginnings  with  the  pioneers  of  Oregon.  Its  early  life  is  a  record  of  their 
struggles  in  educational  work.  It  is  rich  in  the  labors  and  traditions  of 
tltese  early  men  and  women.  Truly  it  may  be  said.  Monmouth  is  a  pioneer 
school.  It  has  within  its  alumni  more  than  one  thousand  members  whose 
work  has  been  felt  throughout  the  Northwest.  Again,  the  buildings,  grounds 
and  equipments  are  worth  more  than  one  hundred  thousand  dollars 
($100,000.00).  It  has  modern  conveniences,  and  is  well  adapted  to  the 
work.  The  cost  of  living  is  very  low,  and  the  opportunities  for  self-sup- 
porting students  are  excellent.  It  would  be  worse  than  folly  to  abandon  this 
splendid  working  plant,  because  if  put  in  a  larger  city  it  coukl  uot  be 
duplicated   for  less  than  two  or  three  times  that  amount. 

The  proposed  tax  amounts  to  but  four  cents  on  a  valuation  of  one  thou- 
sand dollars  ($1,000.00),  or  stated  more  clearly,  if  you  pay  taxes  on  one 
thousand  dollars  ($1,000.00)  this  will  cost  you  only  four  cents  a  year  and 
will   not  cost  you  more  unless  the  people  subsequently  amend  the  law. 

Briefly  summed  up  then,  the  arguments  result  in  this:  Your  vital 
interest  lies  in  the  welfare  of  YOUE  CHILD,  for  to  perpetuate  society  we 
must  roar  the  CHILDREN;  to  rear  the  children  rightly  w;e  must  have  the 
BEST  TEACHERS;  to  have  the  best  teachers  we  m.ust  maintain  and 
onerate  STATE  NORMAL  SCHOOLS  free  from  all  RELIGIOUS  BIAS. 
The  State  has  an  excellent  working  plant  at  Monmouth;  an  easy  valuation 
is  one  hundred  thousand  dollars  ($100,000.00).  Shall  the  tax  payers  have 
the  benefit  of  this,  or  shall  they  be  required  to  spend  more  than  double 
this  amount  of  money  at  some  other  point?  If  you  pay  taxes  on  one  thou 
sand  dollars  ($1,000.00)  j'ou  will  pay  only  four  cents  a  year  for  the  sup- 
port of  the  State  Normal  School.  This  is  an  insignificant  sum  when  you 
consider  the  invaluable  help  that  it  gives  to  your  children  and  your  neigh- 
bors' children.  The  State  of  Oregon  owus  the  property  of  this  school.  By 
a  failure  of  the  last  Legislature  to  appropriate  funds  for  its  operation  there 
is  no  State  Normal  running  in  Oregon. 

ALUMNI   ASSOCIATION   OREGON  NORMAL   SCHOOL. 

By  IRA  C.  POWELL. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         51 


A    BILL 

TO  BE  SUBMITTED  TO  THE  LEGAL  ELECTORS  OF  THE   STATE  OF 

OREGON   FOR   THEIR   APPROVAL   OR   REJECTION 

AT   THE 
REGULAR   GENERAL   ELECTION 

TO    BE    HELD 
ON  THE  EIGHTH  DAY  OF  NOVEMBER,   1910, 

To  propose  by  initiative  petition  a  law  to  create  the  Coiinty  of  Otis  and  to 

fix  the  salaries  of  the  officers   thereof. 
By  Initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June  10, 
1910,  in  accordance  with  the  provisions  of  Chapter  226, 
General   Laws   of   Oregon,   1907. 


Printed   in   pursuance   of  Section   S  of  Chapter  226,  Laws  of   1907. 

Secretaiy    of    State. 


The  following  is  the  form  and   number   in  which   the   question   will   be  sub- 
mitted  on   the   oflTieial   ballot: 


PROPOSED    BY   INITIATIVE    PETITION. 


A  bill  for  a  law  creating  the  County  of  Otis,  Oregon, 
out  of  territory  now  included  in  the  Counties  of 
Harney,  Malheur  and  Grant,  providing  for  its  organ- 
ization and  for  the  adjustment  of  finances  and  trans- 
ferring of  records  between  the  several  counties  af- 
fected by  the  proposed  law.  Vote   YES  or  NO. 


320.  Yes. 

321.  No. 


52  Pamphlet  Containing  Measures  to  be 


[On    Official   Ballot,   Nos.   320   and   321.] 

A  BILL 

To  propose  by  initiative  petition  a  law  to  create  the  County  of  Otis  and  to 

fix  the  salaries  of  the  officers  thereof. 
Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  all  that  portion  of  the  State  of  Oregon  embraced 
within  the  following  boundary  lines  be  and  the  same  is  hereby  created  and 
organized  into  a  separate  county  by  the  name  of  Otis,  towit:  Beginning 
at  the  southeast  corner  of  township  25  south,  range  39  east  of  Willamette 
Meridian,  thence  north  to  the  northeast  corner  of  township  15  south,  in 
range  39  east  of  Willamette  Meridian;  thence  west  to  the  boundary  line 
between  Baker  and  Malheur  counties;  thence  following  said  boundary  in  a 
southwesterly  direction  to  a  point  common  to  the  corners  of  the  Counties  of 
Baker,  Malheur  and  Grant;  thence  west  along  boundary  line  between  Grant 
and  Baker  counties  to  the  southwest  corner  of  Baker  County;  thence  west 
to  the  range  line  between  ranges  32  and  33  east  of  Willamette  Meridian; 
thence  south  to  the  southwest  corner  of  township  20  south,  in  range 
33  east  of  Willamette  Meridian;  thence  east  on  township  line  to  the  south- 
west corner  of  township  20  south,  range  331/4;  thence  south  to  the 
southwest  corner  of  township  21  south,  range  33  east  of  Willamette 
Meridian;  thence  east  to  the  northwest  corner  of  section  4  in  township 
22  soL>th,  range  34  east  of  Willamette  Meridian;  thence  south  along 
section  line  to  the  southwest  corner  of  section  33  in  township  25  south, 
range  34  east  of  Willamette  Meridian;  thence  east  along  township  line  to 
the  place  of  beginning. 

Section  2.  That  the  territory  embraced  within  the  said  boundary  shall 
compose  a  county  for  all  civil  and  military  purposes  and  shall  be  subject  to 
the  same  laws  and  restrictions  and  be  entitled  to  elect  the  same  officers  as 
other  counties  of  this  State;  provided,  that  it  shall  be  the  duty  of  the 
Governor,  as  soon  as  it  shall  be  convenient  after  this  act  shall  have  become 
a  law,  to  appoint  for  Otis  County  and  from  its  citizens  the  several  county 
officers  allowed  by  the  law  to  other  counties  in  this  State,  which  said  of- 
ficers, when  duly  qualified  according  to  law,  shall  be  entitled  to  hold  their 
respective  offices  until  their  successors  are  duly  elected  at  the  general  elec- 
tion of  1912  and  are  duly  qualified  according  to  law. 

Section  3.  The  temporary  county  seat  of  Otis  County  shall  be  located 
at  Drewsey  in  said  county  until  a  permanent  location  shall  be  adopted.  At 
the  next  general  election  the  question  shall  be  submitted  to  the  legal  voters 
of  said  county,  and  the  place,  if  any,  which  shall  receive  a  majority  of  all 
the  votes  cast  at  said  election,  shall  be  the  permanent  county  seat  of  said 
county.  But  if  no  place  shall  receive  a  majority  of  all  votes  cast,  the 
question  shall  again  be  submitted  to  the  legal  voters  of  said  county  at  the 
ne.xt  general  election,  liut  between  the  two  points  having  the  highest  luiin- 
ber  of  votes  at  said  election,  and  the  place  receiving  the  highest  number  of 
votes  at  such  last  election  shall  be  the  permanent  county  seat  of  said  county. 


Submitted  to  Voters  op  Oregon  Nov.  8,  1910         53 


Section  4.  Said  Couuty  of  Otis  shall  foi-  representative  purposes  be 
annexed  to  the  Twenty-seventh  Representative  District,  and  for  Senatorial 
purposes  said  county  shall  be  annexed  to  the  Twenty-second  Senatorial  Dis- 
trict, being  the  representative  and  senatorial  districts,  respectively,  formerly 
constituted   by   Harney,   Malheur   and    Grant   Counties. 

Section  5.  The  Couuty  Clerks  of  Mallieur,  Harney  and  Grant  Counties 
shall,  within  thirty  days  after  this  law  shall  have  gone  into  operation,  make 
out  and  deliver  to  the  County  Clerk  of  Otis  County  a  transcript  of  all  taxes 
assessed  upon  all  persons  and  property  within  said  Otis  County,  which  were 
previously  included  within  the  limits  of  Harney,  Malheur  and  Grant  Coun- 
ties respectively,  and  all  taxes  which  shall  remain  unpaid  upon  the  day  this 
act  shall  become  a  law,  shall  be  paid  to  the  proper  officers  of  Otis  County. 
The  clerks  of  Harney,  Malheur  and  Grant  Counties,  respectively,  shall  also 
make  out  and  deliver  to  the  county  clerk  of  Otis  County,  within  the  time 
above  limited,  a  transcript  of  all  cases  pending  in  the  circuit  and  county 
courts  of  Harney,  Malheur  and  Grant  Counties,  between  parties  residing  in 
or  concerning  property  located  in  Otis  County  and  transfer  all  original 
papers  in  said  cases  to  be  tried  in  Otis  County. 

Section  6.  The  county  court  of  Otis  County  shall  be  held  at  the  county- 
seat  on  the  first  Monday  in  .January,  April,  July  and  October  of  each  year. 

Section  7.  The  said  County  of  Otis  is  hereby  attached  to  the  Ninth 
.Judicial  District  for  judicial  purposes,  and  the  terras  of  the  circuit  court 
for  said  county  shall  be  held  at  the  county  seat  commencing  on  the  second 
Monday  in  March  and  the  third  Monday  in  October  of  each  year. 

Section  8.  Until  otherwise  provided  by  law,  the  county  judge  of  Otis 
County  shall  receive  an  annual  salary  of  $400.00;  the  county  clerk  of  said 
county  shall  receive  an  annual  salary  of  $1,000.00;  the  sheriff  shall  receive 
an  annual  salary  of  $1,200.00;  and  the  treasurer  shall  receive  an  annual 
salary  of  $200.00.  The  county  school  superintendent  shall  receive  an  annual 
salary  of  $200.00,  and  the  assessor  shall  receive  an  annual  salary  of  $500.00, 
and  the  county  commissioners  of  said  county  shall  receive  $3.00  per  day  for 
the  time  actually  employed  in  county  business,  and  mileage  at  the  rate  of 
ten  cents  per  mile  each  way  when  required  to  travel  on  county  business. 

Section  9.  The  law  relating  to  trespass  of  sheep  and  other  animals 
shall  be  the  same  in  Otis  County  as  now  maintains  in  Harney  County. 

Section  10.  The  county  judge  of  Otis  County  shall  let  by  contract  to 
the  lowest  responsible  and  efficient  bidder,  the  work  of  transcribing  all 
records  of  Harney,  Malheur  and  Grant  Counties,  affecting  real  estate  situate 
in  Otis  County,  and  when  completed  they  shall  be  examined  and  certified 
to  by  the  clerk  of  Otis  County,  and  shall  thereafter  be  recognized  and 
acknowledged  as  official  records  of  Otis  County;  provided,  the  clerk  of  Otis 
County  shall  be  allowed  to  bid  upon  such  work. 

Section  11.  It  shall  be  the  duty  of  the  superintendents  of  schools  of 
Harney,  Malheur  and  Grant  Counties,-  respectively,  within  tkirty  days  after 
the  appointment  of  a  superintendent  of  schools  for  Otis  County,  to  make 
out  and  forward  to  said  superintendent  of  schools  of  Otis  County  a  true 
and  correct  transcript  or  abstract  of  the  annual  reports  of  the  clerks  of  the 


54  Pamphlet  Containing  Measures  to'  be 

various  school  districts  embraced  within  Otis  County.  The  commissioners 
hereinafter  appointed  to  adjust  the  property  and  financial  interests  of  Har- 
ney, Malheur,  Grant  and  Otis  Counties  shall  at  the  same  time  ascertain 
what,  if  any,  sum  of  money  belonging  to  the  school  funds  is  in  the  hands 
of  the  treasurers  of  Harney,  Malheur  and  Grant  Counties,  respectively, 
which  should  be  paid  to  .Otis  County,  and  said  sum,  if  any,  shall  be  paid 
to  the  county  school  superintendent  of  Otis  County  within  thirty  days  after 
such  award. 

Section  12.  The  county  treasurer  of  Otis  County  shall,  not  later  than 
October  15,  1911,  pay  over  to  the  treasurers  of  Harney,  Malheur  and  Grant 
Counties,  respectively,  the  full  amount  of  State  tax  of  the  assessment  of 
1910  due  from  citizens  of  Otis  County. 

Section  13.  The  treasurer  of  Otis  County  shall,  within  one  year  after 
Its  organization  by  the  appointment  of  its  officers  as  hereinbefore  provided, 
assume  and  pay  to  the  Counties  of  Harney,  Malheur  and  Grant,  respectively, 
a  pro  rata  proportion  of  the  remaining  indebtedness,  if  any,  of  said  Harney, 
Malheur  and  Grant  Counties,  respectively,  after  deducting  therefrom  the 
amount  of  money  that  has  been  collected  in  taxes  from  the  territory  taken 
from  said  Harney,  Malheur  and  Grant  Counties,  respectively,  if  any,  and 
expended  by  said  respective  counties  for  public  buildings  or  other  property; 
provided,  that  if,  when  this  law  goes  into  effect,  there  is  no  indebtedness  of 
said  Harney,  Malheur  and  Grant  Counties,  respectively,  then  Otis  County 
shall  be  entitled  to  credit,  and  said  counties,  respectively,  shall  pay  to 
■Otis  County  the  amount  of  money  that  has  been  collected  in  taxes  from 
the  territory  taken  from  said  respective  counties  by  this  law,  and  included 
in  the  County  of  Otis,  and  expended  by  said  Counti&s  of  Harney,  Malheur 
and  Grant,  respectively,  if  any,  for  public  buildings  and  other  property; 
provided,  further,  that  if,  when  this  law  takes  effect  and  after  the  pavQient 
of  all  indebtedness  and  expenses  of  Harney,  Malheur  and  Grant  Counties, 
respectively,  up  to  that  time  there  shall  be  a  balance  of  money  in  the  hands 
•of  the  treasurers  of  said  Harney,  Malheur  and  Grant  Counties,  respectively, 
then,  and  in  that  event,  the  county  treasurers  of  Harney,  Malheur  and  Grant 
Counties,  respectively,  shall,  within  thirty  days  after  this  law  takes  effect, 
or  within  thirty  days  after  the  amount  thereof  shall  have  been  determined 
by  the  commissioners  hereinafter  appointed,  pay  to  the  treasurer  of  Otis 
'County  such  proportion  of  the  balance  so  in  the  hands  of  the  treasurers  of 
Harney,  Malheur  and  Grant  Counties,  respectively,  after  the  payment  of  the 
indebtedness  and  expenses  aforesaid  as  the  total  value  of  the  property  in 
'Otis  County  taken  from  said  respective  counties  by  this  law  bears  to  the 
total  value  of  property  in  said  Harney,  Malheur  and  Grant  Counties,  respec- 
tively, and  according  to  the  assessment  of  1910. 

Section  14.  The  Ceunty  Judges  of  Harney  and  Otis  Counties  and  J.  L. 
■Sitz,  of  Drewsey,  Oregon,  are  hereby  appointed  a  Board  of  Commissioners 
to  determine  the  value  of  the  county  buildings  and  other  property  of  Harney 
'County;  tlie  amount  of  indebtedness,  if  any,  to  be  assumed  by  Otis  County, 
and  be  paul  to  Harney  County,  and  the  amount  of  money  that  may  be  due 
ifrom   Harnev  County  to  the  Countv  of  Otis,  under  the  terms  of  Section   1.3 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         55 


of' this  law.  Said  board  shall  meet  at  tlie  county  seat  of  Harney  County 
within  thirty  days  after  this  law  takes  effect  and  thereupon  determine  said 
matters. 

Section  15.  The  County  Judges  of  Alalheur  and  Otis  Counties  and  J. 
U.  Hoffman,  of  Juntura,  Oregon,  are  hereby  appointed  a  Board  of  Commis- 
sioners to  determine  the  value  of  the  county  buildings  and  other  property 
of  Malheur  County,  the  amount  of  indebtedness,  if  any,  to  be  assumed  by 
Otis  County,  and  be  paid  to  Malheur  County,  and  the  amount  of  money  that 
may  be  due  from  Malheur  County  to  Otis  County  under  the  terms  of  Section 
13  of  this  law.  Said  board  shall  meet  at  the  county  seat  of  Malheur  County 
within  thirty  days  after  this  law  goes  into  effect  and  thereupon  determine 
said  matters. 

Section  16.  The  County  .Judges  of  Grant  and  Otis  Counties  and  .J.  H. 
Anderson,  of  Van,  Oregon,  are  hereby  appointed  a  Board  of  Commissioners 
to  determine  the  value  of  the  county  buildings  and  other  property  of  Grant 
County,  the  amount  of  indebtedness,  if  any,  to  be  assumed  b}'  Otis  County, 
and  bo  paid  to  Grant  County,  and  the  amount  of  money  that  may  be  due 
irom  Grant  County  to  Otis  County  under  the  terms  of  Section  13  of  this 
law.  Said  board  shall  meet  at  the  county  seat  of  Grant  County  within 
thirty  days  after  this  law  goes  into  effect  and  thereupon  determine  said 
matters. 

Section  17.  After  talung  and  subscribing  an  oath  to  faithfully  dis- 
charge their  respective  duties,  said  boards,  respectively,  shall  proceed  with 
such  work  and  when  it  is  completed  shall  file  report  of  their  conclusions  in 
duplicate  with  the  clerks  of  Harney  and  Otis  and  Malheur  and  Otis  and 
Grant  and  Otis  Counties,  respectively.  In  case  of  a  vacancy  in  either  of  said 
boards,  the  same  shall  be  filled  by  the  appointment  of  some  suitable  person 
or  persons  by  the  Governor  of  the  State. 

Section  18.  Within  thirty  days  after  the  filing  of  such  reports,  re- 
spectively, either  county  may  appeal  from  the  decision  of  said  board  to  the 
Circuit  Court  of  Harney  or  Malheur  Counties  by  serving  notice  of  appeal 
upon  the  Clerk  of  the  other  county  interested.  Upon  perfecting  the  issue 
in  such  Circuit  Court,  either  county  may  demand  a  change  of  venue  to  any 
other  county  in  the  Ninth  .Judicial  District,  or  otlier  Circuit  Court  of  the 
State  of  Oregon  for  any  county  which  may  be  agreed  upon  by  said  counties, 
or  in  the  event  of  a  disagreement  to  any  county  which  may  be  designated 
by  the  judge  of  the  court  where  said  proceeding  is  pending.  The  trial  may 
be  by  jury  and  the  judgment  rendered  may  be  enforced  as  other  judgments 
against  counties.  If  the  county  appealing  fails  to  recover  a  more  favorable 
judgment  than  the  finding  of  the  board  appealed  from  by  at  least  $500.00, 
it  shall  pay-  the  costs  of  the  appeal.  If  no  appeal  be  taken  by  either  party, 
within  the  thirty  days  above  provided,  the  findings  of  said  board  shall  be 
final  and  conclusive.  The  members  of  sakl  board  shall  receive  the  sura  of 
$3.00  per  day  for  each  day  actually  employed  and  the  same  mileage  as  a 
wUness  in  the  Circuit  Court.  The  expenses  incurred  by  the  above  men- 
tioned boards,  respectively,  shall  be  borne  equally  by  the  three  counties  in-y 
terested. 


■56  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED    BY 

DEEWSEY  COMMERCIAL  CLUB 

in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION. 

A  bill  for  a  law  creating  the  Count}-  of  Otis,  Oregon, 
out  of  territory  now  included  in  the  Counties  of 
Harney,  Malheur  and  Grant,  providing  for  its  organiza- 
tion and  for  the  adjustment  of  finances  and  trans- 
ferring of  records  between  the  several  counties  affected 
by  the  proposed  law.  Vote  YES  or  NO. 


320.  Yes. 


321.  No. 


ARGUMENT  IN  FAVOR  OF  ABOVE  MEASURE. 

The  people  of  the  Drewsey  country  ask  favorable  consideration  of  the 
voters  of  the  State  upon  this  bill  for  these,  among  other,  reasons. 

Because  90  per  cent  of  the  people  of  proposed  Otis  County  are  strongly 
in  favor  of  the  measure,  believing  it  will  be  a  great  benefit  to  the  pecS^jle 
residing  therein  and  greatly  facilitate  the  progress  and  development  of  the 
country. 

Because  Ilarney  County  with  an  area  of  9,986  square  miles  and  Malheur 
''ounty  with  an  area  of  9,784  square  miles  are  too  large  for  economical 
transaction  of  county  business.  Either  Harney  or  Malheur  County  having 
more  than   23  times  the  area  of  Multnomah   County. 

Because  the  proposed  Otis  County  takes  only  1,080  square  miles  from 
Harney  County  and  1,180  square  miles  from  Malheur  County  and  embraces 
no  territory  closer  than  30  miles  to  Burns  and  4.5  miks  to  Vale,  the  present 
county  seats  of  Harney  and  Malheur  Counties,  respectively. 

Because  the  proposed  Otis  County  is  entirely  surrounded  by  mountains 
and  our  people  are  compelled  to  travel  from  40  to  75  miles  over  these 
mountains  to  jeach  the  present  county  seats,  thereby  forcing  upon  us  a 
heavy  expense  and  a  great  deal  of  hardship,  especially  during  winter  and 
apring   months. 

Respectfully  submitted, 

UREWSEY   COMMERCIAL   CLUB. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         57 

A    BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  FLECTION 

TO    BE    HELD 

ON  THE  EIGHTH  DAY  OF  NOVEMBER.   19in. 

To  propose  by  initiative  petition  a  law  to  annex  a  portion  of  the  territorjr 
of  the  State  of  Oregon  in  Clackamas  County  to  Multnomah  County. 
To  provide  for  the  payment  of  the  expense  of  transferring  the  records  and 
to  provide  for  the  payment  to  Clackamas  County  of  the  proportional  in- 
debtedness  of  said  territory. 

By  initiative  petition  filed  in  the  oflfiee  of  the  Secretary  of  State.  .Tune  10.. 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws   of   Oregon.   1907. 


Printed   in   pursuance  of  Section   8   of  Chapter  220.   Laws   of   1907. 

Secretary   of   State. 


The  following  is  the  form  and  number  in  which   the  question  will   be  sub- 
mitted on  the  official  ballot: 


PROPOSED   BY   INITIATIVE   PETITION. 


A  bill  for  a  law  to  annex  a  portion  of  the  northern 
part  of  Clackamas  County,  Oregon,  to  Multnomah 
County,  Oregon,  and  providing  for  transcribing  and 
transferring  the  records  of  the  territory  proposed  to 
be  annexed,  and  for  adjustment  of  finances  between 
the  two  counties.  Vote  YES  or  NO. 

.322.  Yes.  - 

.323.  No. 


58  Pamphlet  Containing  Measures  to  be 


[On    Official    Ballot,   Nos.   322    and   323.] 

A    BILL 

To  propose  by  initiative  petition  a  law  to  annex  a  portion  of  the  territory 
of  the  State  of  Oregon  in  Clackamas  County  to  Multnomah  County. 
To  provide  for  the  payment  of  the  expense  of  transferring  the  records 
and  to  provide  for  the  payment  to  Clackamas  County  of  the  proportional 
indebtedness  of  said   territory. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  all  tliat  portion  of  the  State  of  Oregon  embraced  within 
the  following  boundary  lines  and  heretofore  a  part  of  Clackamas  County,  be 
and  the  same  is  iioroby  made  a  part  of  the  County  of  Multnomah,  lo-wil., 
the   territory  bounded  as   follows: 

Beginning  at  the  northwest  corner  of  section  thirty  (30)  and  the  south 
west  corner  of  section  nineteen  (]9),  township  two  (2)  south,  range  one  (1) 
east  of  the  Willamette  Meridian,  said  point  being  on  the  Willamette  Merid- 
ian; running  thence  east  on  the  section  line  to  the  center  of  the  Willamette 
River;  thence  in  a  southeasterly  course  following  the  center  of  the  Wil- 
lamette River  to  the  center  of  the  mouth  of  the  Clackamas  River;  thence 
up  the  center  of  the  Clackamas  River  to  a  point  in  township  four  (4)  south, 
range  four  (4)  east  of  the  Willamette  Meridian,  where  the  section  line 
crosses  the  Clackamas  River  between  sections  twelve  (12)  and  thirteen  (13); 
thence  east  on  the  said  section  line  to  the  east  line  of  township  four  (4) 
soutii,  range  six  (6)  east;  thence  east  to  the  east  lin^  of  Clackamas  County; 
thence  in  a  northerly  direction,  tracing  the  eastern  and  northern  line  of 
Clackamas  County  to  where  the  same  intersects  the  south  line  of  Multnomah 
County,  thence  west  on  the  line  between  Clackamas  County  and  Multnomah 
County  to  the  Willamette  River;  thence  south  and  west  on  the  Multno'lnah 
County  line  to  the  southwest  corner  of  Multnomah  County;  thence  south 
on  the  W^illamette  Meridian  to  the  place  of  beginning. 

The  intention  being  to  take  out  of  Clackamas  County  and  put  into 
Multnomah  County  all  that  portion  of  Clackamas  County  lying  north  of  the 
first  described  line  above  mentioned,  beginning  at  the  northwest  corner  of 
said  section   thirty   (30)   and  ending  on  the  east  line  of  Clackamas  County. 

Section  2.  The  County  Court  of  Multnomah  County  shall  provide  im- 
mediately for  transcribing  all  records  of  Clackamas  County  affecting  real 
estate  situate  in  the  above  bounded  territory,  and  when  completed,  such 
records  shall  be  placed  with  and  become  a  part  of  the  records  of  Multnomah 
County,  and  sliall  thereafter  be  recognized  and  acknowledged  as  part  of  the 
records  of  Multnomah  County  and  shall  have  the  same  force  and  effect. 

All  litigation  now  pending  in  the  courts  of  the  State  of  Oregon  for 
Clackamas  County  shall  be  continued  and  terminated  in  said  courts. 

Section  3.  The  indebtedness  of  Clackamas  County  shall  be  determined 
and  Multnomah  County  shall  pay  to  Clackamas  County  so  much  thereof  as 
the  assessed  valuation  of  the  above  territory  shall  bear  to  the  total  assessed 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         5& 


valuation  of  the  county,  the  proportional  amount.  The  assessed  valuation 
provided  for  in  this  section  shall  be  the  assessed  valuation  for  the  year  1910. 

Section  i.  The  territory  embraced  within  the  said  boundary  lines  shall 
hereafter  be  exempt  from  all  laws,  regulations,  civil  and  military  jurisdic- 
tion of  said  Clackamas  County,  and  shall  be  subject  to  the  laws,  regulations, 
civil   and  military   jurisdiction   of   said  Multnomah   County. 

If  this  proposed  law  shall  be  approved  and  enacted  by  the  people  of  Ore- 
gon, the  title  of  this  bill  shall  stand  as  the  title  of  the  law. 


60  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmativ'^e) 

SUBMITTED    BY 

MULTNOMAH-CLACKAMAS  ANNEXATION  ASSOCIATION 

in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 


PEOPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  annex  a  portion  of  the  northern 
part  of  Clackamas  County,  Oregon,  to  Multnomah 
County,  Oregon,  and  providing  for  transcribing  and 
transferring  the  records  of  the  territory  proposed  to 
be  annexed,  and  for  adjustment  of  finances  between 
the  two  counties.  Vote  YES  or  NO. 

322.  Yes. 


323.  No. 


ARGUMENT    SUBMITTED    BY 
MULTNOMAH-CLACI^MAS  ANNEXATION  ASSOCIATION. 

'To  the  voters  of  the  State  of  Oregon: 

We  urge  your  careful  attention  to   the  following  statement: 

The  original  dividing  line,  which  made  Clackamas  County  four  and  a 
italf  times  the  size  of  Multnomah,  although  fairly  well  adapted  to  pioneer 
•conditions  and  sparse  population  which  then  obtained,  is  most  unsatisl^c- 
torily  and  awkwardly  located  under  present  conditions. 

A  crying  need  for  a  change  has  existed  for  many  years,  and  it  is  gen- 
erally conceded  that  sooner  or  later  it  must  be  realized. 

This  sentiment  culminated  in  February  last  in  a  demonstrative  gather- 
ing at  Oak  Grove  of  about  five  hundred  citizens  of  the  district  involved 
in  the  proposed  change. 

At  this  meeting  the  organization  of  the  Multnomah-Clackamas  Annexa- 
tion Association  was  p.uthorized,  for  the  purpose  of  conducting  a  campaign 
for  the  success  of  the  measure  now  presented. 

The  details  of  the  plan  have  been  carefully  worked  out,  and  are  in  the 
hands  of  a  large  executive  committee  composed  of  forty  representative  cit- 
izens and  taxpayers  chosen  from  all  sections  of  the  district  involved. 

REASONS  WHY  CHANGE  IS  DESIRED. 
The   Clackamas   River,   with   its   canyon,   is   the   natural   and   should  be 
the   actual   dividing  line.     It   is  a  serious   obstacle  in  reaching  the  present 
county  seat.     It  is  only  a  few  miles  from  the  Multnomah  County  line,  and 
.about  12  miles  from  the  center  of  the  City  of  Portland. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910         61 


Our  territory  is  tributary  to  Portland,  which  is  the  market  for  our 
produce  as  well  as  ©ur  base  of  supplies. 

Our  grades  and  our  roads  all  lead  to  Portland,  but  it  will  be  apparent 
to  all  that  it  is  unreasonable  to  expect  these  roads  to  be  properly  improved, 
while  our  seat  of  county  government  is  at  Oregon  City. 

The  same  artificial  line  which  marks  the  present  county  boundary  is 
retarding  the  further  growth  of  the  City  of  Portland  in  a  southeasterly 
<lirection. 

For  this  reason  the  development  of  much  of  our  most  attractive 
territory  is  retarded,  our  transportation  facilities  are  inadequate  and  our  car 
fares   inequitable. 

A  great  economy  of  time  and  expense  will  be  effected  when  our  county 
records  are  kept  at  Portland,  our  business  center,  within  the  boundaries 
of  which  city  a  large  proportion  of  our  people  are  compelled  to  go  before 
transferring  to  an  Oregon  City  car  there  for  county  business. 

This  change  will  give  Multnomah  County  control  of  the  entire  road 
from  Portland  to  Mt.  Hood,  and  enable  her  to  make  this  scenic  route  one 
of  the  greatest  attractions  possessed  by  our  State. 

We  desire  the  greatest  possible  internal  improvement,  and  only  seek 
the  opportunity  to  make  it  for  ourselves. 

THE   SOURCES   OF   OPPOSITION. 

As  far  as  we  can  learn,  this  proposal  is  receiving  practically  unanimous 
support.  It  is  opposed,  however,  by  Mr.  B.  S.  Josselyn,  president  of  the 
Portland  Railway,  Light  &  Power  Company,  which  company  is  so  determined 
in  its  discrimination  against  us  that,  rather  than  give  us  our  just  rights,  as 
repeatedly  determined  by  our  State  Railway  Commission,  our  Circuit  Court 
and  our  Supreme  Court,  it  delaying  action  by  an  appeal  to  the  United 
States  Supreme  Court,  and  is  thereby  enabled  to  continue  its  policy  of 
discrimination  indefinitely,  whereby  in  some  instances  we  are  compelled  to 
pay  four  times  the  fare  charged  to  points  in  other  directions  at  an  equal 
distance  from  the  center  of  Portland,  but  situated  within  the  bounds  of 
Multnomah  County. 

The  only  other  opponents  of  whom  we  know  are  some  attorneys  in  Ore- 
gon City  who  are  oflSce  holders  and  politicians  and  who  threaten  the  ex- 
penditure of  a  large  sum  of  money  to  defeat  this  measure,  and  who 
naturally  do  not  relish  the  idea  of  giving  up  any  territory  from  which  they 
can  levy  tribute. 

ANSWER    TO    OB.JECTIONS. 

We  have  not  heard  a  single  valid  objection. 

The  effect  upon  the  business  of  Oregon  City  would  be  scarcely  notice- 
able, and  that  portion  of  Clackamas  County  which  will  remain  after  division 
will  not  be  obligated  to  pay  any  part  whatever  of  the  expense  of  the  change. 

The  question  of  sentiment  is  not  material. 

Clackamas  County  will  lose  none  of  her  factories,  mills  or  power  plants 
by  this  change. 

This  is  a  purely  voluntary  movement  on  our  part,  and  has  not  been  in 
spired  or  aided  by  any  outside  influence  or  support,  and  it  is  made  entirely 


62  Pamphlet  Containing  Measures  to  be 

in  oui-  own  best  interests,  of  which  wo  consider  ourselves  the  most  competent 
judges. 

We  are  not  asking  to  be  relieved  of  any  of  our  obligations,  or  trying  to 
unload  them  upon  others. 

We  are  enabled  to  state  that  the  cost  of  transcribing  our  records  will 
be  small,  and  almost  infinitesimal  in  the  amount  distributed  to  the  individual 
taxpayer. 

The  taxes  based  upon  the  assessment  already  made  for  this  year  will 
under  the  proposed  change  be  collected  by  Multnomah  County,  and  can  be 
so  considered  in  connection  with  the  possibility  of  a  small  county  indebted- 
ness, when  the  change  takes  place. 

Great  pressure  was  brought  to  bear  upon  this  association  to  extend  the 
new  boundary  line  still  farther  south,  but  we  refused  to  consent  to  any  plan 
which  would   involve  unfair   division. 

This  measure  provides  for  no  additional  officials,  and  it  has  been  en- 
dorsed by  the  Milwaukie  city  administration,  the  Milwaukie  Commercial 
Club  and  by  the  boards  of  trade,  improvement  associations  and  push  club& 
generally   throughout   the   district. 

It  means  the  greatest  good  to  the  greatest  number,  and  will  be  a  long 
step  towards  the  removal  of  a  number  of  serious  difficulties  which  are  now 
handicapping  us. 

If  left  to  the  vote  of  the  people  directly  interested,  annexation  would 
carry  by  an   overwhelming  majority. 

We  therefore  ask  the  voters  of  the  State  at  large  to  support  the  measure 
with  the  same  energy  as  they  would  a  bill  in  which  they  were  locally 
interested. 

MULTNOMAH-CLACKAMAS    ANNEXATION    ASSOCIATION. 

By  B.  LEE  PAGET,  President. 


Submitted  to  Voters  of  Oregon  Nov.  8,  1910    63 

ARGU:\IEXT 

(negative) 

SUBMITTED    BY 

THE  COMMERCIAL   CLUB  OF  OREGOISr  CITY 

opposing  the  measure  designated  on  the  official  ballot,  as  tollow>; 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  annex  a  portion  of  t!ie  northern  part 
of  Clackamas  County,  Oregon,  to  Multnomah  County, 
Oregon,  and  providing  for  transcribing  and  trans- 
ferring the  records  of  the  territory  proposed  to  be 
annexed,  and  for  adjustment  of  finances  between  the 
two    counties.  Vote  YES  or  NO. 


322.  Yes. 


323.  No. 


ARGUMENT   AGAINST   ANNEXATION   OF   A   PART   OF   CLACKAMAS 

COUNTY   TO   MULTNOMAH   COUNTY. 

To  the  voters  of  the  State  of  Oregon: 

The  Multnomah-Clackamas  Annexation  Association  was  born  at  a  meet- 
ing held  in  February  last  at  Oak  Grove.  This  meeting  was  conducted  by 
programme  and  the  influence  of  a  few  men  predominated.  Although  many 
representatives  were  present  from  all  parts  of  Clackamas  County,  when  it 
came  to  vote  on  the  resolutions  previously  prepared  the  chair  ruled  that 
only  those  residing  north  of  the  Clackamas  River  were  entitled  to  vote.  This 
arbitraiy  and  unusual  ruling  left  the  cftnduct  of  the  meeting  in  *-he  hanj- 
of  a  few  and  these  few  proceeded  to  form  the  MULTNOMAH-CLACKAMAS 
ANNEXATION  ASSOCIATION,  which  in  no  sense  represents  the  senti- 
ment of  Clackamas  County.  There  is  no  "crying"  or  other  need  for  the 
dismembernient  of  Clackamas  County.  The  great  majority  of  the  citizens 
and  voters  of  Clackamas  County  are  opposed  to  said  division,  and  espe- 
cially opposed  to  the  high  handed  and  arbitrary  method  employed  to 
create  an  ASSOCIATION  whose  object  is  to  destroy  the  present  boundaries 
of  Clackamas  County.  Had  the  meeting  held  at  Oak  Grove  been  •conducted 
fairly,  and  had  full  deliberation  and  discussion  been  allowed,  the  true  senti- 
ment of  the  residents  of  the  county  could  have  been  easily  ascertained.  For 
reasons  known  to  themselves  the  managers  of  that  meeting  desired  to  hear 
from  only  a  selected  few  and  denied  the  right  of  ballot  to  all  the  citizens 


64  Pamphlet  Containing  Measures  to  be 

of  Clackamas  County  south  of  the  Clackamas  Eiver.  The  Oak  Grove  meet- 
ing then  was  in  no  sense  representative,  and  it  follows  that  the  MULT- 
NOMAH-CLACKAMAS ANNEXATION  ASSOCIATION,  created  according 
to  a  cut  and  dried  programme  at  that  meeting,  represents  only  the  senti- 
ment and  desires  of  its  promoters. 

There  is  also  a  proposition  before  the  voters  to  add  a  large  portion  of 
Washington  County  to  Multnomah  County.  If  both  of  these  dismemberment 
schemes  succeed,  Multnomah  County,  by  reason  of  her  greatly  increased 
population,  will  be  entitled  to  many  more  members  in  the  Legislature.  With 
this  added  power  she  could  then  dictate,  in  legislative  matters,  to  all  of  the 
other   counties. 

It  will  cost  at  least  $100,000.00  to  transcribe  the  official  records.  Inas- 
much as  the  promoters  of  county  division  are  unwilling  to  pay  this  amount, 
most  of  it  must  be  paid,  in  the  event  of  success,  by  the  taxpayers  of  Mult- 
nomah   County. ' 

The  commercial  bodies  of  Clackamas  County  during  the  past  year  have 
spent  large  sums  of  money  in  advertising  this  section.  Our  county  is  pros- 
perous. With  united  effort  we  shall  continue  to  grow  in  population,  wealth 
and  influence. 

There  has  been  no  good  or  valid  reason  given  for  destroying  the  integrity 
of  Clackamas   County  and 

We.  therefore,  respectfully  ask  the  voters  of  the  State  of  Oregon  to 
vote  against  the  measure  which  proposes  the  annexation  of  a  part  of  Clack- 
amas  County  to  Multnomah   County. 

THE  COMMERCIAL  CLUB  OF  OREGON  CITY. 

By   TOM    P.    RANDALL,    President. 
Attest:     M.   D.  LATOURETTE,  Secretary. 


Submitted  to  Voters  of  Oregon  November  8,  1910      65 

A  BILL 

To  BE  Submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT  THE 
REGULAR   GENERAL    ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  creating  the  County  of  Williams, 
fixing  the  salaries  of  its  officers  and  providing  for  its  organization, 

By  initiative  petition  filed  in  the  oflice  of  the  Secretary  of  State,  June 

23,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the   question  will  be 

submitted  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


A  bill  for  an  act  to  create  the  County  of  Williams  out 
of  a  portion  of  Lane  and  Douglas  Counties,  Oregon; 
providing  for  its  organization;  fixing  the  salaries  of 
the  officers  thereof,  and  for  adjustment  of  finances 
between  the  three  counties.  Vote  YES  or  NO. 

324.  Yes. 

325.  No. 


66  Pamphlet  Containing  Measures  to  be 

[On    Official    Ballot,   Nos.    324    and    325.] 

A    BILL 

To  propose  by  initiatire  petition  a  lair  creating  the   County  of  Williams, 
filing  the  salaries  of  its  officers  and  providing  for  its  organization. 

Be  it  enacted  hy  the  people  of  the  State  of  Oregon: 

Section  1.  That  all  that  portion  of  the  State  of  Oregon  embraced  with- 
in the  following  boundary  lines  be,  and  t.he  same  is  hereby  created  and 
organized  into  a  separate  county,  by  the  name  of  Williams,  to-wit:  Be- 
ginning at  the  Pacific  Ocean  at  the  western  terminus  of  the  boundary  line 
between  Lane  and  Douglas  Counties,  Oregon,  running  thence  easterly  along 
said  boundary  line  between  Lane  and  Douglas  Counties  to  an  intersection 
with  the  township  line  between  townships  21  and  22  south,  range  4  west, 
thence  east  along  said  township  line  to  the  Willamette  Meridian,  thence  south 
along  said  Willamette  Meridian  to  an  intersection  of  the  center  line  running 
east  and  west  through  the  center  of  township  24  south,  range  1  west,  thence 
west  along  said  center  line  through  township  24  south,  range  1  west,  to  an 
intersection  of  the  boundary  line  between  Coos  and  Douglas  Counties,  thence 
following  the  boundary  line  between  Coos  and  Douglas  Counties  west  and 
north  to  the  Pacific  Ocean,  and  thence  along  said  ocean  to  the  place  of 
beginning. 

Section  2.  That  the  territory  embraced  within  said  boundaries  shall 
compose  a  county  for  all  civil  and  military  purposes  and  shall  be  subject  to 
the  same  laws  and  restrictions  and  be  entitled  to  elect  the  same  officers  as 
other  counties  of  this  State;  provided,  that  it  shall  be  the  duty  of  the  Gor- 
ernor,  as  soon  as  it  shall  be  convenient  after  this  law  shall  have  gone  into 
effect,  to  appoint  for  Williams  County  and  from  its  citizens,  the  sevexal 
county  officers  allowed  by  law  to  other  counties  in  this  State,  which  said 
officers,  when  duly  qualified  according  to  law.  shall  be  entitled  to  hold 
their  respective  offices  until  their  respective  successors  shall  have  been  duly 
elected  at  the  general  election  of  1912  and  are  duly  qualified  according  to 
law. 

Section  3.  The  temporary  county  seat  of  Williams  County  shall  be 
located  at  Drain,  in  said  county,  until  a  permanent  location  shall  have  been 
adopted.  At  the  next  general  election  the  question  shall  be  submitted  to 
the  legal  voters  of  said  county,  and  the  place,  if  any,  which  shall  receive  a 
majority  of  all  the  votes  cast  at  said  election  upon  said  question,  shall  be  the 
permanent  county  seat  of  said  county.  But  if  no  place  shall  receive  a 
majority  of  all  the  votes  so  cast,  the  question  shall  again  be  submitted  to  the 
legal  voters  of  said  county  at  the  next  general  election,  but  between  the 
two  points  having  the  highest  number  of  votes  at  said  first  election,  and  the 
place  receiving  the  highest  number  of  votes  so  cast  at  such  election  shall 
be  the  permanent  county  seat  of  said  county. 

Section  4.  Said  County  of  Williams  shall,  for  representative  purposes, 
be  annexed  to  the  Fourth  Representative  District,  and  for  senatorial  pur- 


Submitted  to  Voters  of  Oregon  No\'T:mber  8,  1910      67 

poses  said  county  shall  be  annexed  to  the  Fifth  Senatorial  District,  being 
the  representative  and  senatorial  districts,  respectively,  formerly  composed 
of  Douglas  County.  And  shall  also  be  attached  to  the  Second  Horticultural 
District. 

Section  5.  The  County  Clerks  of  Lane  and  Douglas  Counties,  respec- 
tively, shall  within  thirty  days  after  this  law  shall  have  gone  into  opera- 
tion, make  out  and  deliver  to  the  County  Clerk  of  Williams  County,  a 
transcript  of  all  taies  upon  all  persons  and  property  within  said  Williams 
County,  which  were  previously  included  within  the  limits  of  Lane  and 
Douglas  Counties,  respectively,  and  all  taxes  which  shall  remain  unpaid  upon 
the  day  this  act  shall  become  a  law,  shall  be  paid  to  the  proper  officers  of 
Williams  County.  The  County  Clerks  of  Lane  and  Douglas  Counties,  re- 
spectively, shall  also  make  out  and  deliver  to  the  County  Clerk  of  Williams 
County,  within  the  time  above  limited,  a  transcript  of  all  cases  pending  in 
the  Circuit  and  County  Courts  of  their  respective  counties,  between  parties 
residing  in  or  concerning  property  located  in  Williams  County,  and  transfer 
all  original  papers  and  pleadings  in  such  cases  to  the  Clerk  of  Williams 
County,  and  all  such  cases  shall  be  tried  in  iaid  Williams  County. 

Section  6.  There  shall  be  a  session  of  the  County  Court  of  Williamt 
County  for  the  transaction  of  county  business  held  at  the  county  seat  on  the 
first  Wednesday  in  January,  March,  May,  July,  September  and  November 
of  each  year. 

Section  7.  The  aaid  County  of  Williams  is  hereby  attached  to  the  Sec- 
ond Judicial  District  for  judicial  purposes  and  to  the  Third  Prosecuting  At- 
torney's District  and  the  terms  of  the  Circuit  Court  for  said  county  shall 
be  held  at  the  county  seat  of  said  county  on  the  second  Monday  in  April 
and  fourth  Monday  in  October. 

Section  8.  Until  otherwise  provided  by  law,  the  County  Judge  of 
Williams  County  shall  receive  an  annual  salary  of  $600;  the  County  Clerk 
of  said  county  shall  receive  an  annual  salary  of  $1,200;  the  Sheriff  of  said 
county  shall  receive  an  annual  salary  of  $1,200;  the  Treasurer  of  said  county 
shall  receive  an  annual  salary  of  $400;  the  Assessor  of  said  county  shall 
receive  an  annual  salary  of  $900;  the  County  School  Superintendent  of  said 
county  shall  receive  an  annual  salary  of  $900,  and  the  County  Commissioners 
of  said  county  shall  receive  the  sum  of  $3  per  day  each  for  the  time  actually 
engaged  in  the  transaction  of  county  business. 

Section  9,  The  County  Court  of  Williams  County  shall  let  by  contract 
to  the  lowest  responsible  and  efficient  bidder  or  bidders,  in  separate  con- 
tracts, the  work  of  transcribing  all  records  of  Lane  and  Douglas  Counties, 
respectively,  affecting  real  estate  situate  in  Williams  County  and  when 
completed  they  shall  be  examined  and  certified  by  the  County  Clerk  of  Wil- 
liams County,  and  shall  thereafter  be  recognized  and  acknowledged  as  the 
official  records  of  Williams  County;  provided,  the  County  Clerk  of  said  Wil- 
liams County  shall  be  allowed  to  bid  upon  such  work. 

Section  10.  It  shall  be  the  duty  of  the  County  School  Superintendents 
of  Lane  and  Douglas  Counties,  respectively,  within  thirty  days  after  the 
appointment  of  a   County  School   Superintendent  for  Williamg   County,   to 


68  Pamphlet  Containing  Measures  to  be 


make  out  and  forward  to  said  School  Superintendent  of  Williams  County 
a  true  and  correct  transcript  or  abstract  of  the  annual  reports  of  the 
clerks  of  the  various  school  districts  embraced  within  the  County  of  Wil- 
liams. The  commissioners  hereinafter  named  and  appointed  to  adjust  the 
property  and  financial  interests  of  Lane  and  Williams  and  Douglas  and 
Williams  Counties,  respectively,  shall  at  the  same  time  ascertain  what,  if 
any,  sum  or  sums  of  money  belonging  to  the  school  fund  is  in  the  hands 
of  the  Treasurers  of  Lane  and  Douglas  Counties,  respectively,  which 
should  be  paid  to  Williams  County,  and  said  sum  or  sums,  if  any,  shall 
be  paid  to  Williams  County  within  thirty  days  after  such  award. 

Section  11.  The  County  Treasurer  of  Williams  County  shall,  not  later 
than  October  15th,  1911,  pay  over  to  the  Treasurers  of  Lane  and  Douglas 
Counties,  respectively,  the  full  amount  of  State  tax  of  the  assessment  of 
1910,  due  from  citizens  of  Williams  County. 

Section  12.  The  Treasurer  of  Williams  County  shall,  within  one  year 
after  its  organization  by  the  appointment  of  its  officers  as  hereinbefore 
provided,  assume  and  pay  to  the  Counties  of  Lane  and  Douglas,  respec- 
tively, a  pro  ]-ata  proportion  of  the  remaining  indebtedness,  if  any,  of 
said  Lane  and  Douglas  Counties,  respectively,  after  deducting  therefrom 
the  amount  of  money  that  has  been  collected  in  taxes  from  the  territory 
taken  fi'om  said  Lane  and  Douglas  Counties,  respectively,  if  any,  and 
expended  by  said  respective  counties  for  public  buildings  or  other  prop- 
erty; provided,  that  if,  when  this  law  takes  effect  and  after  the  payment 
of  all  indebtedness  and  expenses  of  Lane  and  Douglas  Counties,  respec- 
tively, up  to  that  time  there  shall  be  a  balance  of  money  in  the  hands  of 
the  Treasurei's  of  said  Lane  and  Douglas  Counties,  respectively,  then,  and 
in  that  event,  the  County  Treasurers  of  Lane  and  Douglas  Counties, 
respectively,  shall,  within  thirty  days  after  this  law  takes  effect,  or  within 
thirty  days  after  the  amount  thereof  shall  have  been  determined  by  the 
commissioners  hereinafter  appointed,  pay  to  the  Treasurer  of  Williaihs 
county  such  proportion  of  the  balance  so  in  the  hands  of  the  Treasurers 
of  Lane  and  Douglas  Counties,  respectively,  after  the  payment  of  the 
indebtedness  and  expense  aforesaid,  as  the  total  value  of  the  property  in 
Williams  Cou)Uy  taken  from  said  respective  counties  by  this  law  bears 
to  the  total  value  of  property  in  said  Lane  and  Douglas  Counties,  respec- 
tively, and  according  to  the  assessment  of  1910. 

Section  13.  The  County  Judges  of  Lane  and  Williams  Counties  and  a 
third  party  to  be  appointed  by  the  Governor  of  the  State  are  hereby 
appointed  a  Board  of  Commissioners  to  determine  the  value  of  the  county 
buildings  and  other  property  in  Lane  County;  the  amount  of  indebtedness, 
if  any,  to  be  assumed  by  Williams  County,  and  be  paid  to  Lane  County, 
and  the  amount  of  money  that  may  be  due  from  Lane  County  to  the 
County  of  Williams  under  the  terms  of  Section  12  of  this  law.  Said 
board  shall  meet  at  the  county  seat  of  Lane  County  within  thirty  days 
after  this  law  takes  effect  and  thereupon  determine  said  matters. 

Section  14.  The  County  Judges  of  Douglas  and  Williams  Counties  and 
a  third  party  to  be  appointed  by  the  Governor  of  the  State,  are  hereby 


Submitted  to  Voters  of  Oregon  November  8,  1910      69 


appointed  a  Board  of  Commissioners  to  determine  the  value  of  the  county 
buildings  and  other  property  of  Douglas  County,  the  amount  of  indebted- 
ness, if  any,  to  be  assumed  by  Williams  County,  and  be  paid  to  Douglas 
County,  and  the  amount  of  money  that  may  be  due  from  Douglas  County 
to  'Wiilianis  County  under  the  terms  of  Section  12  of  this  law.  Said  board 
shall  meet  at  the  county  seat  of  Douglas  County  within  thirty  days  after 
this  law  goes  into  effect  and  thereupon  determine  said  matters. 

Section  15.  After  taking  and  subscribing  an  oath  to  faithfully  dis- 
charge their  respective  duties,  said  board,  respectively,  shall  proceed  with 
such  work,  and  when  it  is  completed  shall  file  reports  of  their  conclusions 
in  duplicate  with  the  Clerks  of  Lane  and  Williams  and  Dougla?  aiid 
Williams  Counties,  respectively.  In  case  of  a  vacancy  in  eith^jr  of  said 
boards,  the  same  shall  be  filled  by  the  appointment  of  Hcme  suitable 
person  or  persons  by  the  Governor  of  the  Statv^. 

Section  16.  Within  thirty  days  after  the  filing  of  such  reports,  respec- 
tively, either  county  may  appeal  from  the  dc-cltion  of  said  board  to  the 
Circuit  Court  of  Lane  or  Douglas  Counli'.s  by  serving  notice  of  appeal 
upon  the  clerk  of  the  other  county  interested.  Upon  perfecting  the  issue 
in  such  Circuit  Court,  either  county  may  demand  a  change  of  venue  to 
any  other  county  in  the  Second  Judicial  District,  or  other  Circuit  Court 
of  the  State  of  Oregon,  for  any  county  which  may  be  agreed  upon  by  said 
counties,  or  in  the  event  of  a  disagreement,  to  any  county  which  may  be 
designated  by  the  Judge  of  the  coui't  where  said  proceeding  is  pending. 
The  trial  may  be  by  jury,  and  the  judgment  rendered  may  be  enforced  as 
other  judgments  against  counties.  If  the  county  appealing  fails  to 
recover  a  more  favorable  judgment  than  the  finding  of  the  board  appealed 
from  by  at  least  $500,  it  shall  pay  the  costs  of  the  appeal.  If  no  appeal 
be  taken  by  either  party,  within  the  thirty  days  above  provided,  the 
findings  of  said  board  shall  be  final  and  conclusive.  The  members  of 
said  board  shall  receive  the  sum  of  $3  per  day  for  each  day  actually 
employed,  and  the  same  mileage  as  a  witness  in  the  Circuit  Court.  The 
expenses  incurred  by  the  above  mentioned  boards,  respectively,  shall  be 
born  equally  by  the  two  counties  interested. 


70  Pamphlet  Containing  Measures  to  be 

ARGUMENT     (affirmative) 

SUBMITTED    BY 

WILLIAMS  COUNTY  COMMISSION 
in  faTor  of  the  measure  designated  on  the  official  ballot,  as  follows: 

PEOPOSED  BY  INITIATIVE  PETITION. 

A  bill  for  an  act  to  create  the  County  of  Williams  out 
of  a  portion  of  Lane  and  Douglas  Counties,  Oregon; 
providing  for  its  organization;  fixing  the  salaries  of 
the  officers  thereof,  and  for  adjustment  of  finances  be- 
tween the  three  counties.  Vote  YES  or  NO. 

324.  Yes^  ^ 

325!  No^ 

ARGUMENT  IN  FAVOR  OF  INITIATIVE  PETITION  FOR 
CREATION  OF  WILLIAMS  COUNTY. 

While  the  name  "WILLIAMS"  is  one  held  in  great  esteem,  and  justly 
BO,  by  the  people  not  only  of  the  State  of  Oregon,  but  of  our  entire  coun- 
try; and  while  the  State  of  Oregon  could  in  no  way  better  show  its  ap- 
preciation of  the  life  and  public  services  of  the  late  Honorable  George  H. 
Williams  than  to  perpetuate  his  memory  in  the  name  of  one  of  the  counties 
of  the  State,  it  is  not  the  purpose  of  this  argument  to  appeal  in  any  way 
to  the  voters  of  Oregon,  except  through  the  merits  alone  of  the  proposed 
Williams   County   division. 

First.  There  are  embraced  within  its  boundaries  eleven  hundred  (1,100) 
TOters.  The  average  distance  from  their  respective  county  seats  at  pres- 
ent is  fifty-five  miles.  If  Williams  County  is  formed  that  distance  will 
be  reduced  by  thirty  miles. 

Second.  The  distance  from  Eugene,  county  seat  of  Lane  County^^  to 
Roseburg,  county  seat  of  Douglas  county,  is  seventy-five  miles;  the  north 
line  of  the  proposed  Williams  County  is  twenty-two  miles  south  of  Eugene; 
the  south  line  of  Williams  County  is  twenty-two  miles  north  of  Roseburg. 
thus  leaving  Williams  County  about   thirty-one  miles  wide. 

Third.  This  leaves  Eugene  practically  in  the  center  of  Lane  County 
and  Roseburg  practically  in  the  center  of  Douglas  County  and  Drain, 
temporary  county  seat  of  Williams  County,  in  the  center  of  the  county,  just 
half  way  between  Eugene  and  Roseburg. 

Fourth.  In  laying  out  Williams  County,  the  located  interests  of  both 
counties  from  which  Williams  is  taken  have  been  respected.  The  boundaries 
of  Williams  County  follow  natural  lines,  and  make  a  fine  new  county  with 
$8,000,000  worth  of  assessable  property,  embracing  1,550  square  miles,  216  of 
which  are  cut  from  the  southeastern  part  of  Lane  County  and  1,334  from 
Northern  Douglas.  The  forming  of  Williams  County  will  greatly  advance  the 
development  of  this  part  of  the  State.  Williams  County  will  receive  prac- 
tically a  unanimous  affirmative  vote  within   its  borders. 

WILLIAMS   COUNTY  COMMISSION. 

By  CLAUDE  W.  DEVORE,  Secretary. 


Submitted  to  Voters  of  Oregon  November  8,  1910      71 
AN    AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 

Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  GENERAL  ELECTION 
TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO  AMEND 

Article  IX 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June 

23,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number   in  which  the  question  will  be 

printed  on  the  official  ballot: 

PROPOSED  BY  initiative  PETITION 

For  constitutional  amendment  providing  for  the  people 
of  each  county  to  regulate  taxation  and  exemptions 
within  the  county,  regardless  of  constitutional  re- 
strictions or  state  statutes,  and  abolishing  poll  or 
head  tax.  .  Vote  YES  or  NO. 

326.  Yes. 

327.  No. 


72  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos  326  and  327.] 

CONSTITUTIONAL  AMENDMENT. 

Article  IX  of  the  Constitution  of  the  State  of  Oregon  shall  be,  and 
hereby  is,  amended  by  inserting  the  following  section  in  said  Article  IX, 
after  Section  1  and  before  Section  2,  and  it  shall  be  designated  as 
Section  la  of  Article  IX: 

Article  IX, 

Section  la.  No  poll  or  head  tax  shall  be  levied  or  collected  in  Oregon; 
no  bill  regulating  taxation  or  exemption  throughout  the  State  shall  be- 
come a  law  until  approved  by  the  people  of  the  State  at  a  regular  general 
election;  none  of  the  restrictions  of  the  Constitution  shall  apply  to 
measures  approved  by  the  people  declaring  what  shall  be  subject  to 
taxation  or  exemption  and  how  it  shall  be  taxed  or  exempted  whether 
proposed  by  the  Legislative  Assembly  or  by  initiative  petition;  but  the 
people  of  the  several  counties  are  hereby  empov.-ered  and  authorized  to 
regulate  taxation  and  exemptions  within  thir  several  counties,  subject 
to  any  gneral  law  which  may  be  hereafter  enacted. 

(Affirmative  Argument  following  No.  308  covers  this  measure.) 


Submitted  to  Voters  of  Oregon  November  8,  1910      73 


AN    AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

To  be  Submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR   GENERAL    ELECTION 

.  TO  BE  HELD 

On  THE  Eighth  Day  of  November,  1910, 

TO  AMEND 

•  Section  2  Article  X[ 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June 

23,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Sectio    8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in   which  the  question  will   be 

printed  on  the  official  ballot: 


PROPOSED  BY  INITIATIVE  PETITION 


For  constitutional  amendment  giving  to  cities  and  towns 
exclusive  power  to  license,  regulate,  control,  suppress, 
or  prohibit  the  sale  of  intoxicating  liquors  within 
the  municipality.  Vote  YES  or  NO. 


:>28.  Yes. 

829.  No. 


74  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  328  and  329.] 

CONSTITUTIONAL  AMENDMENT. 

Section  2  of  Article  XI  of  the  Constitution  of  the  State  of  Oregon 
shall  be,  and  hereby  is,  amended  to  read  as  follows: 

Article  XL  • 

Section  2.  Corporations  may  be  formed  under  general  laws,  but  shall 
not  be  created  by  the  Legislative  Assembly  by  special  laws.  The  Legis- 
lative Assembly  shall  not  enact,  amend  or  repeal  any  charter  or  act  of 
incorporation  for  any  municipality,  city  or  town.  The  legal  voters  of 
every  city  and  town  are  hereby  granted  power  to  enact  and  amend  their 
municipal  charter,  subject  to  the  Constitution  and  criminal  laws  of  the 
State  of  Oregon,  and  the  exclusive  power  to  license,  regulate,  control, 
or  to  suppress  or  prohibit,  the  sale  of  intoxicating  liquors  therein -nis 
vested  in  such  municipality;  but  such  municipality  shall  within  its  limits 
be  subject  to  the  provisions  of  the  local  option  law  of  the  State  of  Oregon. 


Submitted  to  Voters  of  Oregon  November  8,  1910      75 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

GREATER  OREGON  HOME  RULE  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


For  constitutional  amendment  giving  to  cities  and  towns 
exclusive  power  to  license,  regulate,  control,  suppress,  • 

or  prohibit  the  sale  of  intoxicating  liquors  within  the 
municipality.  Vote  YES  or  NO. 


328.  Yes. 


329.  No. 


APPEAL  FOR  RELIEF  FOR  ALL  INCORPORATED  TOWNS 

AND  CITIES. 

Greater  Oregon  Home  Rule  Association  Offers  Reasons   Why  Citizens 
Should  Support  Its  Bill  Amending  the  Constitution. 

Strong  Argument  for  the  Consideration  of  Every  Fair-Minded  Taxpayer 
and  Progressive   Voter  of   Oregon,    Who   Believes  in   the   Up- 
building of  Home  Industry,  Home  Rule  and  the 
Greater  Development  of  Our  State. 

'  Portland,  Oregon,  July  2,  1910. 
To  the  Voters  of  Oregon: 

The  proposed  amendment  is  necessary  to  round  out  and  complete  the 
intent  of  the  Constitution  and  the  initiative  and  referendum,  and  to 
perfect  and  preserve  the  local  option  law.  It  means  home  rule  for  cities 
in  the  control  or  suppression  of  the  liquor  traffic.  In  all  other  respects 
the  amendment  is  identical  with  the  present  Constitution,  as  every  city 
in  the  State  now  has  absolute  self-government  on  all  other  questions, 
subject  to  the  criminal  laws  of  the  State,  and  this  condition  will  not  be 
changed  by  the  proposed  amendment. 

It  in  no  way  annuls  the  effect  of  the  provisions  of  the  local  option 
law,  as  they  are  retained  in  full  force,  within  the  corporate  limits  of 
every  city.  It  prevents  forcing  saloons,  or  prohibition,  upon  a  munici- 
pality by  voters  living  outside  of  the  city,  who  pay  no  city  taxes,  and 
are  in  no  wise  interested  in  the  city  government. 


76  Pamphlet  Containing  Measures  to  be 

It  will  prevent  the  coiTibining  of  outside  precincts  and  districts  in  one 
local  option  district,  to  the  injury  of  a  city  situated  therein. 

It  can  only  be  opposed  by  persons  who  cannot  trust  a  city  to  conduct 
its  own  legitimate  business  according  to  the  will  of  a  majority  of  its 
people.  The  safeguards  nov/  existing  are  preserved.  The  amendment 
if  adopted  would  not  take  away  fi-om  sheriffs,  district  attorYieys,  or 
other  police  odicers,  the  power  to  suppress  any  State  crime  committed 
in  the  city,  as  the  provision:  "Subject  to  the  Constitution  and  criminal 
laws  of  the  State,"  is  retained  in  the  amendment.  This  effectually  main- 
tains the  supremacy  of  the  State,  and  at  the  same  time  insures  home 
rule.  This  amendment  has  a  double  purpose.  If  adopted  by  a  larger 
affirmative  vote,  it  accomplishes,  not  only  the  results  above  mentioned, 
but  at  the  same  time  defeats  statewide  prohibition. 

t  The  Greater  Oregon  Home  Rule  Association  opposes  statewide  prohi- 
bition for  the  following  reasons: 

1.  Forty  thousand  leading  citizens,  including  business  and  profes- 
sional men,  farmers,  bankers,  and  many  ministers,  have  signed  a  protest 
against  statev/ide  proliibition. 

2.  Statewide  prohibition  would  kill  the  present  local  option  lav\'. 

3.  It  would  retard  the  development  of  Oregon. 

4.  It  is  an  exploded  theory,  long  ago  discarded  by  such  wealthy  and 
progressive  states  ae  New  York,  Pennsylvania,  Ohio,  Illinois,  Indiana, 
Michigan,  Wisconsin,  and  New  Jersey. 

The  Greater  Oregon  Home  Rule  Association  was  organized  for  the 
express  purpose  of  interesting  foreign  capital  in  the  upbuilding  and 
further  development  of  our  varied  resources  and  industries,  and  the 
preservation  to  the  people  of  their  individual  rights. 

Politics  plays  no  part  in  the  purposes  of  this  organization. 

It  is  not  affiliated  with  or  controlled  by  any  other  association  or 
interest  whatsoever.  It  stands  for  a  Greater  Oregon,  first,  last  and  all 
the  time.  The  following  is  copied  "from  its  constitution  and  declaration 
of  principles: 

"Wo  invite  all  citizens,  taxpayers,  merchants,  manufacturers,  business 
and  professional  men,  to  join  with  us  in  favoring  all  legitimate  means 
and  measures  for  the  advancement  of  the  agricultural,  industrial  and 
commercial  development  of  Oregon,  particularly  home  rule  for  incor- 
porated cities  and  towns,  and  opposing  all  sumptuary  legislation,  or 
movements  unnecessarily  interfering  with  commerce." 

"The  members  of  this  association  shall  be  citizens  of  Oregon,  firms, 
associations  or  corporations,  engaged  in  business  in  Oregon,  but  no  per- 
son, firm  or  corporation  engaged  in  the  manufacture  or  sale  of  intoxi- 
cating liquors  shall  be  eligible  for  membership,  except  hotel  and  inn- 
keepers whose  principal  occupation  is  the  serving  of  food  and  lodging 
to  guests." 

Oregon  needs  development.  She  does  not  need,  and  will  not  adopt 
prohibition.     You  can  best  serve  the  interests  of  your  State,  county  and 


Submitted  to  Voters  of  Oregon  November  8,  1910      77 

city,  by  marking  an  X  after  the  number  328  on  the  ballot  at  the  coming 
election. 

OFFICERS. 

GREATER  OREGON  HOME  RULE  ASSOCIATION. 

President — Herman   Wittenberg, 

V.-P.  and  Mgr.  Pac.  Coast  Biscuit  Co. 
Vice-President — R.  D.  Inman, 

President  Inman-Poulsen  Co. 
Secretary — R.   W.   Schmeer, 

Cashier  U.  S.  National  Bank. 
Treasurer — Byron  P.  Reynolds,  farmer. 


ADVISORY  BOARD. 


H,  Wittenberg,  Manufacturer. 
C.  K.  Henry,  Real  Estate. 
Allan  Welch  Smith,  Physician. 
Geo.  W.  Hoyt,  Cashier, 

Merchants  National  Bank. 


A.  H.  Devers, 

President  Closset  &  Devers. 
J,  J.  Flynn,  Real  Estate. 

C.  A.  Whilemore, 

Pres.  Irwin-Hodson  Co. 

D.  Solis  Cohen,  Attorney. 


PUBLICITY  COMMITTEE, 


A.  L.  Mills,  Banker. 

H.  Wittenberg,  Manufacturer. 

J.  Frank  Watson,  Banker. 

Geo.  W.  Hoyt,  Danker. 

R.  W.   Schmeer,   Banker. 

R.  Lea  Barnes,  Banker. 

T.  D.  Honeyman,  Merchant. 

H.  W.  Scott,  Editor  Oregon ian. 

E.  B.  Piper,  Mng.  Editor  Oregonian 

Allan  W.  Smith,  Physician. 

J.  L.  Hartman,  Bankei-. 

Chas.  K.  Henry,  Real  Estate. 

J.  H.  Burgard,  Insurance. 

M.  Fleischner,  Merchant. 

A.  T.  Huggins, 

Mgr.  Fleischner  &  Mayer. 
Jas.  Hislop,  Merchant. 

B.  P.  Reynolds,  Farmer. 

A.  L.  Fish,  Bus.  Mgr.  Journal. 
G.  M.  Trowbridge,  Editor  Journal. 
A.  Feldenheimer,  Merchant. 
Sig  Sichel,  Merchant. 


Seneca  Fonts,  Lawyer. 
D.  Solis  Cohen,  Attorney. 

F.  E.  Dooly,  Insurance. 
Chas.  Gauld,  Merchant. 
Leslie  M.  Scott,  Oregonian. 
J.  J.  Fljmn,  Real  Estate. 
M.  C.  Banfield,  Contractor. 
R.  D,  Inman,  Lumberman. 
H.  C.  Wortman,  Merchant. 
H.  W.  Hogue,  Lawyer. 

M.  W.  IMarkewitz,  Merchant. 
O.  A.  Windfelder,  Salesman. 

G.  B.  Thomas,  Promoter. 

C.  A.  Wliitemore,  Irwin-Hodson  Co. 
Fred  B.  Eaton,  I\Ierchant. 
Hanison  Allen,  Attornej\ 
C.  W.  Ilodson,  Real  Estate. 
W.  B.  Glafke,  Merchant. 
Dwight  Edwards,  Merchant. 
A.  W.  Whilmer,  Insurance. 
J.  W.  Smith,  Mfr.  Stoves. 
F.  W.  Isherwood, 

Mgr.  Bridge  &  Beach  Mfg.  Co. 


78  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(negative) 

SUBMITTED  BY 

OREGON  DRY  CAMPAIGN  COMMITTEE 
opposing  the  measure  designated  on  the  official  ballot    as  follows: 

PROPOSED   BY   INITIATIVE   PETITION 


For  constitutional  amendment  giving  to  cities  and  towns 
exclusive  power  to  license,  regulate,  control,  suppress, 
or  prohibit  the   sale   of   intoxicating   liquors   within 


the  municipality. 

Vote  YES  or  NO. 

328.           Yes. 

329.          No. 

ARGUMENT  AGAINST  THE  FOREGOING  AMENDMENT. 

The  most  impudent  affront  to  the  intelligence  of  Oregon  voters  is  this 
attempt  to  foist  into  the  Constitution  in  a  new  dress,  the  "Reddy  Bill," 
which  was  defeaed  at  the  last  State  election  by  a  majority  of  12,994  votes. 

This  amendment  would  debar  the  voters  of  the  sovereign  state  from 
the  right  to  govern,  regulate  or  prohibit  the  liquor  traffic  in  cities,  and 
is  in  the  interest  of  rum  rule. 

It  emenates  from  that  class  that  proposes  to  exploit  the  vices  of  city 
life  for  its  ovm  profits,  aad  cares  nothing  for  morality  and  the  public 
welfare  of  the  State. 

Its  purpose  is,  first,  to  exclude  the  State  from  all  control  of  the 
liquor  traffic. 

Second,  to  entrench  the  saloon  so  the  people  could  not  prohibit  it 
either  by  state  prohibition  or  county  option. 

Third,  to  run  towns  and  cities  of  Oregon  wide  open  in  defiance  of 
the  prevailing  sentiment  for  better  conditions  throughout  the  State. 

"The  Home  Rule  Amendment,"  so  called,  is  un-American.  The  State 
is  the  unit.  Our  cities  must  not  be  permitted  to  set  up  separate  prin- 
cipalities in  absolute  independence  of  our  State  laws,  particularly  the 
criminal  laws.  A  vice  which  shocks  the  sentiment  of  mankind  or  en- 
dangers public  welfare  sufficiently  to  be  prohibited  by  State  laws,  can- 
not be  permitted  in  our  municipalities  without  overriding  the  laws  of 
the  commonwealth,  undermining  the  supremacy  of  the  State  and.  intro- 
ducing the  worst  form  of  minority  rule,  vicious  and  anarchistic  in  all 
its  tendencies. 

Our  cities  and  counties  are  not  separate,  they  go  up  or  down  to- 
gether. In  Yamhill  county  four-fifths  of  the  taxable  property  and  of 
the  asiessments  is  in  the  country  outside  of  corporate  limits.    How  unfair 


Submitted  to  Voters  of  Oregon  November  8,  1910      79 

and  UH-American  to  disfranchise  every  man  who  lives  outside  the  city 
from  having  a  vote  concerning  the  liquor  traffic  in  his  county  and  put- 
ting absolute  control  in  the  hands  of  the  lowest,  who  would  form,  in 
every  town,  "a  corruption  ring"  to  manipulate  politics  and  exploit  city 
vices. 

This  amendment  does  not  "preserve  the  local  option  law."  It  limits  it 
to  precincts  and  takes  the  enforcement  away  from  district  attorneys, 
sheriffs  and  grand  juries,  and  permits  city  authorities  to  scoff  at  the 
power  of  the  sovereign  state.  For  after  recounting,  "Subject  to  the 
Constitution  and  criminal  laws  of  the  State"  it  says  "and  the  exclusive 
power  to  license,  regulate,  control,  or  to  suppress  or  prohibit,  the  saU 
of  intoxicating  liquors  therein  is  vested  in  such  municipality." 

It  took  the  authority  of  the  State,  arrayed  against  the  city,  to  close 
open  gambling  in  Portland.  All  the  reforms  which  have  restricted  vice, 
stopped  the  sale  of  liquor  on  Sunday,  and  to  minors  and  women,  stopped 
circulating  obscene  literature  and  closed  the  nickel-in-the-slot  machine, 
were  obtained  through  State  laws. 

As  to  the  "Greater  Oregon  Kome  Rule  Associatioa."  It  is  a  catchy 
name,  but  first,  we  question  that  40,000  signed  the  protest  mentioned 
and  we  know  that  signatures  were  secured  through  false  representations. 

2.  Statewide  prohibition  is  simply  an  advance  upon  local  option, 
extending  it  from  county  to  state. 

3.  Statewide  prohibition  would  not  retard,  but  rery  largely  enhance 
the  development  of  the  State. 

4.  To  support  the  claim  that  "prohibition  is  an  exploded  theory"  they 
name  eight  "wealthy  and  progressive"  states  which  have  discarded  it. 
Five  of  these  eight  states  are  the  five  most  thoroughly  corrupt  states  in 
the  Union,  in  their  state  and  city  governments,  and  this  "discard"  im- 
doubtedly,  largely  accounts  for  it.  While  acknowledging  the  great  wealth 
of  these  states  we  affirm  that  the  wealth  is  in  the  hands  of  the  few  and 
reeking  poverty  is  the  heritage  of  the  many,  while  in  Maine  and  Kansas 
wealth  is  equitably  distributed,  jails  rented  for  storage  and  poor  farms 
leased  out  to  individuals. 

The  fact  that  the  prohibition  petitions,  secured  by  volunteer  workers, 
have  more  signers  than  any  other  proves  a  state-wide  demand.  The  local 
option  law  does  not  touch  the  manufacture,  nor  reach  the  large  cities 
which  corrupt  the  state  politics;  a  condition  which  this  amendment 
proposes  to  make  permanent. 

Inasmuch  as  the  saloon  is  the  fertile  source  of  crime  and  the  twin 
brother  of  all  vices,  their  aider  and  abettor,  it  would  be  monstrous  to 
release  it  from  the  control  of  the  criminal  laws  of  the  State.  Imagine 
the  Portland  saloons  subject  to  no  higher  power  than  the  city  council. 
What  kind  of  councils  would  every  city  soon  have  uffder  such  conditions? 
This  amendment  means  that  your  city  council  would  be  the  stake  the 
saloon  would  play  for.     Does  the  prospect  please  you? 

The  charter  of  the  "Greater  Oregon  Home  Rule  Association,"  among 
other  objects,  states,  "especially  home  rule  for  incorporated  cities  and 


80  Pamphlet  Containing  Measures  to  be 


towns,  and  opposing  all  sumptuary  legislation,"  and  though  they  sign 
a  list  of  names  composed  of  church  members,  brewery  stockowners  and 
others,  the  fact  that  this  is  the  job  they  are  working  at  raises  the  sus- 
picion that  they  ARE  "controlled"  and  by  the  liquor  barons,  despite 
their  denial. 

It  would  be  an  easy  matter,  under  this  amendment,  to  colonize  cities 
and  keep  them  wet  for  all  time. 

Like  a  decayed  apple  in  a  box,  a  wet  city  in  a  county  reaches  beyond 
itself  and  starts  decay  in  the  whole  body.  The  man  from  the  country 
coming  to  town  to  trade,  or  sending  his  son  or  daughter,  is  affected  by 
whether  that  town  is  wet  or  dry.  Most  boys  and  girls  in  the  country 
look  forv/ard  to  a  career  in  the  city,  and  to  rear  them  in  a  dry  territory 
and  then  subject  them  to  the  debauchery  and  vices  of  the  saloons  of  a 
wet  city  is  too  often  disastrous. 

Portland  is  the  metropolis  of  the  State  and  every  resident  of  the  State 
has  a  personal  interest  in  the  moral  condition  of  that  city.  So  every 
large  city  is  the  metropolis  of  its  county  and  has  a  moral  duty  to  its 
county  which  the  county  has  a  right  to  see  it  perform. 

This  amendment  is  unfair  from  a  dollar  standpoint.  A  wet  city 
receives  all  the  revenue  from  the  saloon  and  creates  a  very  large  majority 
of  the  exepnse  of  court,  sheriff,  jails,  poor  farm,  etc.,  but  the  entire 
county  is  taxed  equally  with  the  city  to  support  these  and  receives  no 
revenue.  Likewise  the  entire  State  is  taxed  to  support  the  Supreme 
Court,  penitentiary,  asylum,  reform  school  and  all  State  institutions 
created  principally  to  care  for  the  product  of  the  saloon  in  wet  cities. 

The  section  of  the  Constitution  which  this  aims  to  amend  is  just  right 
as  it  is;  for  it  makes  all  the  State  subject  to  all  the  criminal  laws  of  the 
State,  while  this  amendment  proposes  to  exclude  the  crime  producer  of 
the  cities  from  the  conti'ol  of  the  criminal  laws  of  the  State.  "^ 

This  amendment  is  the  liquor  traffic's  stone  wall  about  the  incorpo- 
rated towns  of  the  State  to  "save"  them  to  the  traffic.  By  cunning 
allusion  to  the  local  option  law  it  aims  to  use  the  popularity  of  that  law 
for  its  own  benefit. 

The  problem  of  the  nation  is  the  city.  The  problem  of  the  city  is  the 
saloon.  The  saloon  debauches  manhood  and  creates  a  venal,  purchasable 
vote  and  is  headquarters  for  it,  so  that,  when  wanted  to  further  the 
purpose  of  special  privilege,  it  is  at  hand.  Until  this  debauchery  is  ended 
the  problem  of  the  city  is  hopeless  and  tools  of  every  iniquity  and  special 
privilege  will  fill  the  offices  of  the  land  and  govern  in  the  interests  of 
their  masters. 

Remember,  this  is  a  constitutional  amendment  and  cannot  be  changed 
by  the  legislature  \T^en  its  iniquities  become  apparent. 

Be  not  deceived.  This  is  a  snare  of  the  liquor  traffic  to  trade  a  little 
country  territory  for  a  perpetual  right  to  the  cities. 

Vote  No  X  329  and  also  Yes  X  342  and  344. 

OREGON  DRY  CAMPAIGN  COMMITTEE. 


Submitted  to  Voters  of  Oregon  November  8,  1910      81 

A  BILL 

To  be  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eigpith  Day  op  November,  1910, 

To  propose  by  initiative  petition  a  law  providing  for  the  protection  and 
safety  of  persons  engaged  in  the  construction,  repairing,  alteration,  or 
other  work,  upon  buildings,  bridges,  viaducts,  tanks,  stacks,  and  other 
structuies,  or  engaged  in  any  work  upon  or  about  electrical  wires,  or 
conductors  or  i)oles,  or  supports,  or  other  electrical  appliances,  or  con- 
trivances carrying  a  dangerous  current  of  electricity;  or  about  any 
machinery  or  in  any  dangerous  occupation,  and  extending  and  defining 
the  liability  of  employers  in  any  or  all  acts  of  negligence,  or  for  injury 
or  death  of  their  employes,  and  defining  who  are  the  agents  of  the  em- 
ployer, and  declaring  what  shall  not  be  a  defense  in  actions  by  employes 
against  employers,  and  prescribing  a  penalty  for  a  violation  of  the  law. 


By  initiative  petition  filed  in  the  off.oe  of  the  Secretary  of  State,  June 

23,  1910,  in  accordance  with  the  provisions  of  Chapter  22G, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question   will   be 

submitted  on  the  official  ballot: 


PROPOSED   BY  initiative  PETITION 

A  bill  for  a  law  requiring  protection  for  persona  en- 
gaged in  hazardous  employments,  defining  and  ex- 
tending the  liability  of  employers,  and  providing 
that  contributory  negligence  shall  not  be  a  defense.      Vote  YES  or  NO. 

H30.  Yes. 

331.  No. 


82  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  330  and  331.] 
A   BILL 

To  propose  by  initiative  petition  a  law  providing  for  the  protection  and 
safety  of  persons  engaged  in  the  construction,  repairing,  alteration, 
or  other  work,  upon  buildings,  bridges,  viaducts,  tanks,  stacks  and 
other  structures,  or  engaged  in  any  work  upon  or  about  electrical  wires, 
or  conductors  or  poles,  or  supports,  or  other  electrical  appliances  or 
contrivances  carrying  a  dangerous  current  of  electricity;  or  about  any 
machinery  or  in  any  dangerous  occupation,  and  extending  and  defining 
the  liability  of  employers  in  any  or  all  acts  of  negligence,  or  for  injury 
or  death  of  their  employes,  and  defining  who  are  the  agents  of  the 
employer,  and  declaring  what  shall  not  be  -a  defense  in  actions  by 
employes  against  employers,  and  prescribing  a  penalty  for  a  yiolation 
of  the  law. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  All  owners,  contractors,  sub-contractors,  corporations  or 
persons  whatsoever,  engaged  in  the  construction,  repairing,  alteration, 
removal  or  painting  of  any  building,  bridge,  viaduct,  or  other  structure, 
or  in  the  erection  or  operation  of  any  machinery',  or  in  the  manufacture, 
transmission  and  use  of  electricity,  or  in  the  manufacture  or  use  of  any 
dangerous  appliance  or  substance,  shall  see  that  all  metal,  wood,  rope, 
glass,  rubber,  gutta  percha,  or  other  material  whatever,  shall  be  care- 
fully selected  and  inspected  and  tested  so  aa  to  detect  any  defects,  and 
all  scaffolding,  staging,  false  work  or  other  temporary  structure  shall 
be  constructed  to  bear  four  times  the  maximum  weight  to  be  sustained 
by  said  structure,  and  such  structure  shall  not  at  any  time  be  overloaded 
or  overcrowded;  and  all  scaffolding,  staging  or  other  structure  more  than 
twenty  feet  from  the  ground  or  floor  shall  be  secured  from  swaying  and 
provided  with  a  strong  and  efficient  safety  rail  or  other  contrivance, 
so  as  to  prevent  any  person  from  falling  therefrom,  and  all  dangerous 
machinery  shall  be  securely  covered  and  protected  to  the  fullest  extent 
that  the  proper  operation  of  the  machinery  permits,  and  all  shafts,  wells, 
floor  openings  and  similar  places  of  danger  shall  be  enclosed,  and  all 
m.achinery  other  than  that  operated  by  hand  power  shall,  whenever 
necessary  for  the  safety  of  persons  employed  in  or  about  the 
same,  or  for  the  safety  of  the  general  public,  be  provided  with  a. system 
of  communication  by  means  of  signals,  so  that  at  all  times  there  may 
be  prompt  and  efficient  communication  between  the  employes  or  other 
persons  and  the  operator  of  the  motive  power,  and  in  the  transmission 
and  use  of  electricity  of  a  dangerous  voltage  full  and  complete  insula- 
tion shall  be  provided  at  all  points  where  the  public  or  the  employes  of 
the  owner,  contractor  or  sub-contractor  transmitting  or  using  said  elec- 


Submitted  to  Voters  of  Oregon  November  8,  1910      83 

tricity  are  liable  to  come  in  contact  with  the  wire,  and  dead  wires  shall 
not  be  mingled  with  live  wires,  nor  strung  upon  the  same  support,  and 
the  arms  or  supports  bearing  live  wires  shall  be  especially  designated 
by  a  color  or  other  designation  which  is  instantly  apparent  and  live 
electrical  wires  carrying  a  dangerous  voltage  shall  be  strung  at  such 
distance  from  the  poles  or  supports  as  to  permit  repairmen  to  freely 
engage  in  their  work  without  danger  of  shock;  and  generally,  all  owners, 
contractors  or  sub-contractors  and  other  persons  having  charge  of,  or 
responsible  for,,  any  v."ork  involving  a  risk  or  danger  to  the  employes 
or  the  public,  shall  use  every  device,  care  and  precaution  which  it  is 
practicable  to  use  for  the  protection  and  safety  of  life  and  limb,  limited 
only  by  the  necessity  for  preserving  the  efficiency  of  the  structure, 
machine  or  other  apparatus  or  device,  and  without  regard  to  the  addi- 
tional cost  of  suitable  material  or  safety  appliance  and  devices. 

Sec.  2.  The  manager,  superintendent,  foreman  or  other  person  in 
charge  or  control  of  the  construction  or  works  or  operation,  or  any  part 
thereof,  shall  be  held  to  be  the  agent  of  the  employer  in  all  suits  for 
damages  for  death  or  injuiy  suffered  by  an  employe. 

Sec.  3.  It  shall  be  the  duty  of  owners,  contractors,  sub-contractors, 
foremen,  architects  or  other  persons  having  charge  of  the  particular 
work,  to  see  that  the  requirements  of  this  act  are  complied  with,  and 
for  any  failure  in  this  respect  the  person  or  persons  delinquent  shall, 
upon  conviction  of  violating  any  of  the  provisions  of  this  act,  be  fined 
not  less  than  ten  dollars,  nor  more  than  one  thousand  dollars,  or  im- 
prisoned not  less  than  ten  days,  nor  more  than  one  year,  or  both,  in  the 
discretion  of  the  court,  and  this  shall  not  affect  or  lessen  the  civil 
liability  of  such  persons  as  the  case  may  be. 

Sec.  4.  If  there  shall  be  any  loss  of  life  by  reason  of  the  neglects  or 
failures  or  violations  of  the  provisions  of  this  act  by  any  owner,  con- 
tractor, or  sub-contractor,  or  any  person  liable  under  the  provisions  of 
this  act,  the  widow  of  the  person  so  killed,  his  lineal  heirs  or  adopted 
children,  or  the  husband,  mother,  or  father,  as  the  case  may  be,  shall 
have  a  right  of  action  without  any  limit  as  to  the  amount  of  damages 
which  may  be  awarded. 

Sec.  5.  In  all  actions  brought  to  recover  from  an  employer  for  injuries 
suffered  by  an  employe  the  negligence  of  a  fellow  servant  shall  not  be 
a  defense  where  the  injury  was  caused  or  contributed  to  by  any  of  the 
following  causes,  namely:  Any  defect  in  the  structure,  materials,  works, 
plant  or  machinery  of  which  the  employer  or  his  agent  could  have  had 
knowledge  by  the  exercise  of  ordinary  care;  the  neglect  of  any  person 
engaged  as  superintendent,  manager,  foreman,  or  other  person  in  charge 
or  control  of  the  works,  plant,  machinery  or  appliances;  the  incompe- 
tence or  negligence  of  any  person  in  charge  of,  or  directing  the  particular 
work  in  which  the  employe  was  engaged  at  the  time  of  the  injury  or 
death;  the  incom.petence  or  negligence  of  any  person  to  whose  orders 
the  employe  was  bound  to  conform  and  did  conform  and  by  reason  of 


84  Pamphlet  Containing  Measures  to  be 


his  having  conformed  thereto  the  injury  or  death  resulted;  the  act  of 
any  fellow  servant  done  in  obedience  to  the  rules,  instructions  or  orders 
given  by  the  employer  or  any  other  person  who  has  authority  to  direct 
the  doing  of  said  act. 

Sec.  6.  The  contributory  negligence  of  the  person  injured  shall  not 
be  a  defense,  but  may  be  taken  into  account  hy  the  jury  in  fixing  the 
amount  of  the  damage. 

Sec.  7.  All  acts  or  parts  of  acts  inconsistent  herewith  are  hereby 
repealed. 


Submitted  to  Voters  of  Oregon  November  8,  1910      85 


ARGUMENT 

(affirmative.) 

SUBMITTED    BY 

OREGON   STATE   FEDERATION   OF   LABOR 
in  favor  of  the  measure  desi^ated  on  the  official  ballot   as  follows; 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  requiring  protection  for  persons  en- 
paged  in  hazardous  employments,  defining  and  ex- 
tending the  liability  of  employers,  and  providing  that 
contributory  negligence  shall   not  be  a  defense.  Vote  YES  or  NO 


330.  Yes 


331.  No. 


ARGUMENT  IN  FAVOR  OF  ABOVE  MEASURE. 

A  BUI  for  the  Protection  of  Laborers  in  Hazardous  Employments. 
This  is  the  call  of  the  plain  people  to  the  plain  people  for  relief. 
Oregon  is  making  a  name  for  itself  as  the  best  home  for  the  immigi-ant 
because  of  its  political  reforms  and  the  powers  which  the  people  have 
taken  into  their  own  hands,  and  yet  Oregon  stands  backward  and  almost 
alone  in  her  failure  to  recognize  that  the  injury  or  death  of  a  workman 
is  as  much  a  part  of  the  conduct  of  the  business  as  the  bursting  of  a 
boiler  or  breakage  of  the  machinery  and  to  prevent  the  death  or  injury 
of  the  workman  should  be  as  much  a  part  of  the  cost  of  the  business 
as  the  protection  of  machinery  or  replacing  old  with  new.  The  iron 
machinery  is  insured  and  guarded  from  injury  in  every  way,  but  the 
human  machinery  is,  in  fact,  too  cheap  to  be  worth  protecting.  Every 
form  of  capital  receives  the  aid  of  special  privilege  laws;  land  held  in 
vacancy,  money  authorized  to  be  issuc-d  by  certain  institutions  only;  and 
manufactuiers  are  protected  by  tariff  laws.  The  only  factor  in  the 
production  of  social  wealth  which  is  not  protected  in  any  sense  whatever 
is  labor.  Babies  are  born  without  limit  and  must  live,  and  there  are 
always  plenty  Waiting  to  take  the  dead  man's  shoes.  This  bill  does  not 
ask  so  arbitrary  and  artificial  a  thing  as  that  the  laborers'  wages  be 
protected  and  guaranteed  by  law,  but  it  does  ask  that  the  employer  be 
compelled  to  use  diligence  in  protecting  the  laborer  as  to  hi.s  life  and 
limb,  while  earning  wages;  that  a  safe  place  in  which  to  work  be  pro- 
vided and  that  ropes,  chains,  beams,  machinery,  etc.,  be  properly  tested 
before  the  workman  is  asked  to  risk  his  life  with  them.     Surely  this 


86  Pamphlet  Containing  Measures  to  be 

is  a  reasonable  request.  Ten  per  cent  of  electrical  workers  are  killed. 
It  is  a  more  hazardous  employment  than  war.  The  same  may  be  said 
of  workers  on  bridges  and  high  steel  frame  structures. 

Senator  Elihu  Root,  in^is  speech  before  the  National  Civic  Federation, 
said:  "It  seems  to  me  that  our  present  system  of  dealing  with  those 
injuries  that  come  to  our  employes  in  our  great  industrial  life  is  foolish, 

wasteful,  ineffective  and  barbarous The  cost  of  support  which 

is  made  necessary  by  the  injuries  suffered  in  a  business  is  just  as  much 
a  part  of  the  cost  of  the  business  as  the  tools  that  are  worn  out  and 
the  material  that  is  consumed." 

The  commission  appointed  to  report  to  the  legislature  of  New  York 
on  the  question  of  employers'  liability  says,  al  page  11:  "At  common 
law  in  England  and  the  United  States  the  legal  relations  of  employer 
and  employed  before  1837  did  not  differ  in  any  way  from  the  legal  rela- 
tion of  strangers  and  there  were  no  special  rules  as  to  employers'  liability. 

Up  to  1837  that  single  principle  seems  to  have  been  the  whole  law 

on  the  subject.  But  from  that  time,  both  in  England  and  America  there 
has  developed  gradually  a  large  body  of  special  law  on  employers'  lia- 
bility.    This  is  judge-made  law The  important  point  to  be  noted 

ij  the  fact  that  this  body  of  special  laws  exists  for  no  very  clearly 
defined  reasons  of  justice  or  social  policy;  that  it  is  purely  'judge-made' 
and  not  over  seventy  years  old." 

The  bill  here  submitted  to  the  voters  of  Oregon  modifies  the  prevailing 
rule  as  to  the  defenses  of  contributory  negligence  and  the  negligence 
of  a  fellow  servant.  The  ignorance  of  lawyers  is  largely  responsible 
for  the  popular  belief  that  these  legal  defenses  are  both  holy  and  hoary 
and  that  to  weaken  them  would  be  to  infringe  on  the  sacred  rights  of 
employers.  As  just  shown  by  the  quotation  above,  both  these  doctrines 
are  judge-made  law,  made  in  England,  are  of  comparatively  recent 
origin,  never  existed  on  the  continent  of  Europe,  have  been  abolished  •hy 
the  act  of  Parliament  in  England,  where  they  originated;  never  existed 
in  any  system  of  law  except  the  English;  never  existed  in  the  admiralty 
courts  of  the  United  States,  which  takes  its  law  from  the  Roman  law 
and  not  from  England,  so  that  today  in  a  suit  in  admiralty  it  is  no  de- 
fense to  allege  that  the  man  was  damaged  by  some  negligence  of  his  own 
contributing  to  the  injury.  His  own  negligence  may  be  taken  into  account 
in  measuring  the  damages,  but  is  not  an  absolute  bar  and  this  is  exactly 
what  this  bill  proposes.  It  puts  the  State  courts  on  the  same  plane  with 
the  courts  of  admiralty  and  of  all  the  civilized  world  in  this  respect. 

The  bill  itself  is  drawn  from  those  of  Illinois  and  Pennsylvania,  It 
is  not  only  inherently  just  in  itself  and  such  as  no  just  man  or  humane 
man  ought  to  complain  of,  but  it  is  good  policy  for  Oregon,  if  she  expects 
to  be  an  attractive  home  for  intelligent  workers.     Read  the  bill. 

OREGON  STATE  FEDERATION  OF  LABOR. 

By  J.  F.  Cassidt,  Secretary. 


Submitted  to  Voters  of  Oregon  November  8,  1910      87 


A  BILL 

to  be  submitted  to  the  legal  electors  op  the  state  op 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  create  the  County  of  Orchard, 

out   of   the   northeastern   portion   of   the   County   of   Umatilla: 

Providing  for  its  organization  and  fixing  the  salaries 

of  the  officers  thereof. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  Juae 
23,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  ia  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  b» 
submitted  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 

A  bill  for  an  act  to  ci'eate  the  County  of  Orchard  out  of 
the  northeastern  portion  of  Umatilla  county,  Oregon; 
providing  for  its  organization;  fixing  the  salaries  of 
the  officers  thereof;  and  for  adjustment  of  finances 
between  the  two  counties.  Vote  YES  or  NO. 

332.  Yes. 

333.  No. 


88  Pamphlet  Containing  Measures  to  be 

[On  Official  Ballot,  Nos.  332  and  333.J 
A   BILL 

To  propose  by  initiative  petition  a  law  to  create  the  County  of  Orchard, 
out  of  the  northeastern  portion  of  the  County  of  Umatilla;  providing 
for  its  organization  and  fixing  the  salaries  of  the  officers  thereof. 
Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  That  all  that  portion  of  the  State  of  Oregon,  embraced 
within  the  following  boundary  lines,  be,  and  the  same  is  hereby  created 
and  organized  into  a  separate  county,  by  the  name  of  ORCHARD,  to-wu: 
Commencing  where  the  line  between  townships  thirty-two  and  thirty- 
three,  east  of  the  Willamette  Meridian,  intersects  the  State  line  between 
the  States  of  Oregon  and  Washington;  thence  running  south  on  the 
range  line  four  miles  more  or  less  to  the  line  running  east  and  west 
between  townships  five  and  six,  north;  thence  east  along  the  township 
line  six  miles  to  the  range  line  between  ranges  thirty-three  and  thirty- 
four,  east  of  Willamette  Meridian;  thence  south  along  said  line  twelve 
miles  to  the  southwest  corner  of  section  thirty-one,  township  four,  north, 
range  thirty-four,  east  of  Willamette  Meridian;  thence  east  four  miles 
to  the  southwest  corner  of  section  thii-ty-five,  township  four,  north, 
range  thirty-four,  east  of  Willamette  Meridian;  thence  south  three  miles 
to  the  southwest  corner  of  section  fourteen,  township  three,  north,  range 
thirty-four,  east  of  Willamette  Meridian;  thence  east  following  the  sec- 
tion lines  thirteen  miles  more  or  less  to  the  center  of  the  channel  of  the 
Umatilla  River;  thence  in  an  easterly  direction  following  the  center  of 
the  channel  of  the  Umatilla  River  and  of  the  North  Fork  thereof  to  the 
county  line  between  Umatilla  and  Union  counties;  thence  in  a  northerly 
direction  along  said  county  line  to  the  State  line  between  the  States  of 
Oregon  and  Washington;  thence  west  along  said  State  line  thirty-eight 
miles  more  or  less  to  the  place  of  beginning. 

Section  2.  That  the  territory  embraced  within  the  said  boundary  lines, 
shall  compose  a  county  for  all  civil  and  military  purposes  and  shall  be 
subject  to  the  same  laws  and  restrictions  and  shall  be  entitled  to  elect 
the  same  officers  as  other  counties  of  this  State;  provided,  that  it  shalJ 
be  the  duty  of  the  Governor  as  soon  as  it  shall  be  convenient  after  this 
act  shall  have  become  a  law  to  appoint  for  Orchard  county  and  from  its 
citizens  the  several  county  officers  allowed  by  law  to  other  counties  in 
this  state,  which  said  officers,  when  duly  qualified  according  to  law, 
shall  be  entitled  to  hold  their  respective  offices  until  their  successors 
are  duly  elected  at  the  general  election  of  1912,  and  are  duly  qualified 
according  to  law. 

Section  3.  The  temporary  county  seat  of  Orchard  county  shall  be 
located  at  Milton  City  in  said  county,  until  a  permanent  location  shall 
be  adopted.    At  the  next  general  election  the  question  shall  be  submitted 


Submitted  to  Voters  of  Oregon  November  8,  1910   89 


to  the  legal  voters  of  said  county,  and  the  place,  if  any,  which  shall 
receive  a  majority  of  all  the  votes  cast  at  said  election  shall  be  the 
permanent  county  seat  of  said  county;  provided,  however,  that  if  no  place 
•ihflll  receive  a  majority  of  all  votes  cast,  the  question  shall  again  be 
submitted  to  the  legal  voters  of  said  county  at  the  next  general  election; 
provided  further,  however,  that  the  two  points  receiving  the  highest 
number  of  votes  at  such  election  shall  be  the  places  to  be  voted  upon  at 
Buch  next  general  election,  and  that  the  place  receiving  the  highest  num- 
ber of  votes  at  such  last  election  shall  be  the  permanent  county  seat 
of  said  county. 

Section  4.  That  said  County  of  Orchard  shall  for  representative 
purposes  have  one  of  Umatilla  county's  representatives,  and  for  sena- 
torial purposes  shall  be  annexed  to  the  Twenty-third  senatorial  district, 
the  same  being  the  senatorial  district  formerly  constituted  by  Umatilla 
county. 

Section  5.  That  the  County  Clerk  of  Umatilla  county  shall,  within 
thirty  days  after  this  law  shall  have  gone  Into  effect,  make  out  and 
deliver  to  the  County  Clerk  of  Orchard  county,  a  transcript  of  all  taxes 
assessed  upon  all  persons  and  property  within  the  limits  of  Orchard 
county,  which  were  previously  included  within  the  boundaries  of  Umatilla 
county,  and  all  taxes  'which  shall  remain  unpaid  upon  the  day  this  act 
shall  become  a  law,  shall  be  paid  to  the  proper  officers  of  Orchard 
county.  The  Clerk  of  Umatilla  county  shall  also  make  out  and  deliver 
to  the  County  Clerk  of  Orchard  county,  within  the  time  above  specified, 
a  transcript  of  all  cases  pending  in  the  Circuit  and  County  Courts  of 
Umatilla  county,  between  parties  residing  or  concerning  property  located 
in  Orchard  county  and  transfer  all  original  papers  in  said  cases  to  be 
tried  in  Orchard  county. 

Section  6.  That  the  County  Court  of  Orchard  county,  shall  be  held 
at  the  county  seat  on  the  first  Monday  of  January,  INlarch,  May,  Juh', 
September  and  November  of  each  year. 

Section  7.  That  the  County  of  Orchard  is  hereby  attached  to  the 
Sixth  Judicial  District  for  judicial  purposes,  and  the  terms  of  the  Circuit 
Court  for  said  county  shall -be  held  at  the  county  seat  of  said  county  on 
the  second  Monday  in  March  and  the  second  Monday  in  June  and  the 
second  Monday  in  October  of  each  year. 

Section  8.  That  until  otherwise  provided  by  law  the  various  officers 
of  said  County  of  Orchard  shall  receive  an  annual  salary  as  follows: 
Sheriff,  fifteen  hundred  dollars;  County  Clerk,  fifteen  hundred  dollars; 
County  Judge,  one  thousand  dollars;  Recorder  of  Conveyances,  twelve 
hundred  dollars;  County  Treasurer,  five  hundred  dollars;  County  School 
Superintendent,  twelve  hundred  dollars;  County  Assessor,  twelve  hun- 
dred dollars;  the  County  Commissioners  of  said  county  shall  receive  four 
dollars  per  day  for  the  time  actually  employed  in  county  business,  and 
mileage  at  the  rate  of  ten  cents  per  mile  each  way  when  required  to 
travel  on  county  business;  the  County  Surveyor,  such  fees  as  are  now 


90  Pamphlet  Containing  Measures  to  be 

allowed  by  law  to  such  officer  in  Umatilla  county;  County  Coroner,  such 
fees  as  are  now  allowed  by  law  to  such  officer  in  Umatilla  county. 

Section  9.  That  all  laws  made  especially  applicable  for  Umatilla 
county,  excepting,  however,  such  laws  as  relate  to  the  salaries  of  the 
county  officers  thereof,  shall  be  the  same  in  Orchard  county  as  are  novp 
maintained  in  said  Umatilla  county. 

Section  10.  That  the  County  Judge  of  Orchard  county  shall  let  by 
contract  to  the  lowest  responsible  and  efficient  bidder,  the  work  of 
transcribing  all  records  of  Umatilla  county  affecting  real  estate  situate 
in  Orchard  county,  and  when  completed  they  shall  be  examined  and 
certified  to  by  the  Recorder  of  Orchard  county,  and  shall  thereafter  be 
recognized  and  acknowledged  as  the  official  records  of  Orchard  county; 
provided,  the  Recorder  of  Orchard  county  shall  be  allowed  to  bid  upon 
such  work. 

Section  11.  It  shall  be  the  duty  of  the  Superintendent  of  Schools  of 
Umatilla  county,  within  thirty  days  after  the  appointment  of  a  Superin- 
tendent of  Schools  for  Orchard  county,  to  make  out  and  forward  to  said 
Superintendent  of  Schools  of  Orchard  county,  a  true  and  correct  tran- 
script or  abstract  of  the  annual  reports  of  the  clerks  of  the  various  school 
districts  embraced  within  Orchard  county.  The  Commissioners  herein- 
after appointed  to  adjust  the  property  and  financial  interests  of  Umatilla 
and  Orchard  counties  shall  at  the  same  time  ascertain  what,  if  any,  sum 
of  money  belonging  to  the  school  fund  is  in  the  hands  of  the  Treasurer 
of  Umatilla  county  which  should  be  paid  to  Orchard  county,  and  said 
sum,  if  any,  shall  be  paid  to  the  County  Treasurer  of  Orchard  county 
within  thirty  days  after  such  award. 

Section  12.  That  the  commission  as  hereinafter  appointed  shall 
appraise  the  value  of  the  whole  of  the  county  property  which  may  be 
owned  by  the  County  of  Umatilla  upon  the  date  that  this  law  shall  go 
into  effect;  and  shall  also  determine  the  amount  of  indebtedness,  if  any, 
against  said  Umatilla  county  upon  such  date;  that  said  commission  shall 
then  apportion  the  value  of  such  property  and  the  amount  of  such  in- 
debtedness, to  these  counties  respectively  in  the  same  proportion  as  the 
total  assessed  value  of  the  property  within  such  counties  as  shown  by 
the  assessment  roll  of  Umatilla  county  for  1910;  provided,  however,  that 
such  property  shall  be  charged  to  and  be  retained  by  the  county  in  which 
it  is  located;  that  after  these  amounts  shall  have  been  determined  this 
said  commission  shall  then  balance  the  "account  and  determine  the  exact 
amount,  if  any,  that  shall  be  due  unto  either  county  from  the  other;  that 
should  any  amount  of  money  be  due  unto  Umatilla  county  from  Orchard 
county  the  Treasurer  of  said  Orchard  county  shall,  within  one  year 
after  its  organization  by  the  appointment  of  its  officers,  as  hereinbefore 
provided,  assume  and  pay  the  same  to  the  County  of  Umatilla,  with  in- 
terest thereon  at  the  rate  of  six  per  cent  per  annum  from  the  date  of 
such  organization  until  paid;  but,  that  should  there  be  a  balance  due  from 
Umatilla  county  to  Orchard  county,  thea  and  in  that  event,  the  County 
Treasurer  of  Umatilla  county,  shall  within  thirty  days  after  this  law 


Submitted  to  Voters  of  Oregon  November  8,  1910      91 

takes  effect,  or  within  thirty  days  after  the  amount  thereof  shall  have 
been  determined  by  this  said  commission,  pay  such  amount  unto  the 
Treasurer  of  said  Orchard  county. 

Section  13.  That  the  County  Judge  of  Umatilla  county  and  the 
County  Judge  of  Orchard  county  and  C.  P.  Strain  of  Umatilla  county 
are  hereby  appointed  a  board  of  commissioners  to  determine  the  value 
of  the  county  buildings  and  county  property  owned  by  Umatilla  county, 
the  amount  of  indebtedness,  if  any,  to  be  assumed  by  Orchard  county, 
and  paid  to  Umatilla  county,  and  the  amount  of  money  that  may  be  due 
from  Umatilla  county  to  Orchard  county,  under  the  terms  of  Section  12 
of  this  law.  This  said  board  shall  meet  at  the  county  seat  of  Umatilla 
county  on  the  first  Monday  in  December,  1910,  or  within  ten  days  there- 
after, and  after  taking  and  subscribing  an  oath  faithfully  to  discharge 
their  duties,  shall  proceed  with  such  work  and  when  it  is  completed, 
shall  file  reports  of  their  conclusions  in  duplicate  with  the  County  Clerks 
of  Umatilla  and  Orchard  counties.  That  in  case  a  vacancy  should  occur 
in  said  board  the  same  shall  be  filled  by  appointment  by  the  Governor  of 
the  State  of  Oregon. 

Section  14.  Within  thirty  days  after  the  filing  of  such  report,  either 
county  may  appeal  from  the  decision  of  said  board  to  the  Circuit  Court 
of  Umatilla  county,  by  serving  notice  of  appeal  upon  the  Clerk  of  the 
other  county  interested.  Upon  perfecting  the  issue  in  said  Circuit  Court 
either  county  may  demand  a  change  of  venue  to  any  county  in  the  Sixth 
Judicial  District  of  the  State  of  Oregon,  or  other  circuit  of  the  State 
of  Oregon,  for  any  county  which  may  be  agreed  upon  by  said  counties, 
or  in  the  event  of  a  disagreement,  to  any  county  which  may  be  desig- 
nated by  the  Judge  of  said  district.  The  trial  may  be  by  jury  and  the 
judgment  rendered  may  be  enforced  as  other  judgments  against  counties. 
If  the  county  appealing  fails  to  receive  a  more  favorable  judgment  than 
the  finding  of  the  board  by  at  least  five  hundred  dollars,  it  shall  pay  the 
cost  of  the  appeal.  If  no  appeal  be  taken  by  either  party  within  the 
thirty  days  above  provided,  the  findings  of  said  board  shall  be  conclusive. 
The  members  of  said  board  shall  receive  four  dollars  per  day  for  each 
day  actually  employed  and  the  same  mileage  as  a  witness  to  the  Circuit 
Court  and  the  expense  incurred  in  the  above-mentioned  board  shall  be 
borne  equally  by  the  two  counties. 

Section  15.  That  the  County  Court  of  Orchard  county  shall  at  its 
first  regular  session  appoint  a  stock  inspector  and  a  fruit  inspector, 
which  said  officers  shall  be  paid  as  follows,  to- wit:  The  stock  inspector 
shall  receive  three  dollars  per  day  for  each  day  actually  employed  and 
mileage  at  the  rate  of  ten  cents  per  mile  for  each  mile  traveled  in  the 
performance  of  his  duties;  the  fruit  inspector  shall  receive  three  dollars 
per  day  for  each  day  actually  employed  and  mileage  at  the  rate  of  ten 
cents  for  each  mile  traveled  in  the  performance  of  the  duties  of  his  said 
office. 


92  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

N.  A.  DAVIS,  J.  H.  HALL  and  H.  L.  FRAZIER,  EXECUTIVE 

COMMITTEE, 
in  favor  of  tlie  measure  designated  on  the  official  ballot   as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  an  act  to  create  the  County  of  Orchard  out  of 
the  northeastern  portion  of  Umatilla  county,  Oregon; 
providing  for  its  organization;  fixing  the  salaries  of 
the  officers  thereof;  and  for  adjustment  of  finances 
between  the  two  counties.  Vote  YES  or  N^ 

332.  Yes. 

333.  No. 


ARGUMENT 

in   favor   of   initiative  bill    for   the   creation   of   ORCHARD   COUNTY. 

This  hill  is  submitted  under  the  initiative  for  the  following,  among 
other  reasons: 

The  Constitution  of  the  State  of  Oregon  provides  that  "corporations 
may  be  formed  under  the  general  laws,  but  shall  not  be  created  by  the 
Legislative  Assembly  by  special  laws."  A  county  is  a  public  corporation, 
and  it  is  apparent  that  the  constitutional  provisions  reserve  to  the  people 
the  rigiit  to  craaie  a  county  under  the  initiative  law,  since  at  the  present 
time  there  is  no  general  law  on  the  statute  books  of  the  S-tate  of  Oregon 
providing  for  the  creation  of  new  counties. 

The  facts  as  to  area,  population  and  assessed  valuation  submitted 
herewith  show  conclusively  that  the  territory  included  within  the  limits 
of  the  proposed  County  of  Orchard  is  sufficiently  strong  to  maintain  a 
county  government.  Out  of  a  population  of  approximately  eight  thou- 
sand and  five  hundred  people,  the  desire  for  a  new  county  out  of  the 
northeastern  portion  of  Umatilla  county  is  held  by  an  overwhelming 
majority  of  the  people  residing  within  the  limits  of  the  proposed  Orchard 
county,  as  is  evidenced  by  the  fact  that  a  great  majority  of  the  legal 
voters  thereof  have  signed  the  petition  to  submit  this  bill  to  the  people, 
and  are  giving  the  same  their  hearty  support.     We  are  assured  by  many 


Submitted  to  Voters  of  Oregon  November  8,  1910      93 

leading  citizens  of  other  sections  of  Umatilla  county  that  they  have  no 
objections  to  this  bill,  and  that  they  will  give  the  same  their  support. 

The  people  residing  within  the  limits  of  the  proposed  Orchard  county, 
therefore  ask  favorable  consideration  of  the  voters  of  the  State  of  Oregon 
upon  this  bill  for  the  following  reasons,  to-wit: 

Because  the  new  county  will  be  a  great  benefit  to  the  people  residing 
therein,  and  the  transaction  of  county  business  be  thereby  greatly 
facilitated. 

Because  the  creation  of  new  counties  means  the  development  of  new 
territory,  and  consequently  the  advancement  and  upbuilding  of  the  State. 

Because  an  overwhelming  majority  of  the  citizens  to  be  affected  by  the 
terms  of  this  bill,  desire  its  approval  by  the  people;  and  finally  because 
the  greater  portion  of  the  people  residing  within  the  limits  of  the  pro- 
posed Orchard  county  are  not  tributary,  commercially  or  otherwise,  to 
the  county  seat  of  the  present  County  of  Umatilla. 

The  assessed  valuation  of  the  territory  embraced  v^rithin  the  proposed 
County  of  Orchard  in  1909,  was  $12,361,820,  which  is  ample  to  provide 
all  funds  necessary  for  the  maintenance  of  the  county  government  at 
a  low  rate  of  taxation. 

The  population  of  the  proposed  new  county  is  approximately  eight 
thousand  and  five  hundred  people,  and  the  area  is  about  583  square  miles. 

There  will  remain  in  Umatilla  county  an  area  of  2515  square  miles; 
a  population  of  approximately  12,000  people,  and  an  assessed  valuation 
according  to  the  assessment  of  1909  of  ?29,555,376,  thus  leaving  th« 
mother  county  maintaining  its  place  of  prominence  among  the  largest 
and  strongest  counties  in  th.e  State. 

The  creation  of  the  proposed  new  county  will  be  a  direct  benefit  to 
thousands  of  people  and  will  injure  none,  and  will  provide  for  a  mor« 
efficient  administration  of  county  affairs,  both  in  the  mother  county 
and  in  the  county  of  Orchard;  and  therefore  we  respectfully  ask  the 
support  of  the  voters  of  the  State  of  Oregon  for  this  measure  at  the 
flection  on  the  8th  day  of  November,  next. 

N.  A.  DAVIS, 
J.  11.  HALL, 
H.  L.  FRAZIER, 
Executive  Committee. 


94  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(negative) 

SUBMITTED  BY 

E.  B.  ALDRICH,  J.  H.  RALEY,  G.  M.  RICE,  R.  ALEXANDER,  W.  L. 

THOMPSON,  LEON  COHEN,  J.  R.  DICKSON,  E.  S.  McCOMAS 

and   E.  J.   MURPHY,  EXECUTIVE   COMMITTEE, 

opposing  the  measure  designated  on  the  official  ballot  as  follows: 
PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  an  act  to  create  the  County  of  Orchard  out  of 
the  northeastern  portion  of  Umatilla  county,  Oregon; 
providing  for  its  organization;  fixing  the  salaries  of 
the  officers  thereof;  and  for  adjustment  of  finances 
between  the  two.  counties.  VoteYES  or  NO. 


333.  No. 


ARGUMENT  AGAINST  THE  FOREGOING  MEASURE. 

The  adoption  of  this  bill  by  the  people  is  opposed,  for  the  following, 
among  other,  reasons: 

The  question  involved  is  a  local  one  and  not  in  any  sense  a,  State 
issue  im  which  the  people  of  the  State  are  directly  interested.  County 
division  questions  of  this  character  should  be  settled  by  the  people 
directly  interested  and  by  people  who  are  familiar  and  cognizant  of  the 
conditions  and  territory  involved,  and  not  by  the  people  of  the  State  at 
large,  who  cannot  hope  to  judge  or  inform  themselves  of  the  issues  with 
any  degree  of  accuracy.  ^ 

It  is  predicted  a  law  will  be  quickly  passed,  providing  a  manner  of 
settling  county  division  questions  in  accordance  with  equity  and  the 
wishes  of  the  people  to  be  directly  affected  by  the  division.  The  pro- 
moters of  Orchard  county  have  refused  to  await  the  passage  of  such  a 
bill,  but  have  submitted  their  cause  under  the  initiative,  apparently  in 
the  hope  that  the  people  will  vote  blindly  for  it.  In  our  opinion,  their 
action  in  submitting  this  matter  to  the  entire  people  constitutes  an 
abuse  of  the  purposes  of  the  initiative  privileges. 

The  boundaries  of  the  proposed  County  of  Orchard  are  grossly  unfair 
and  inequitable.  A  mere  glance  at  the  lines  proposed  will  disclose  a 
spirit  of  selfishness  by  the  promoters  who  reside  in  the  town  of  Milton, 
and  will  disclose  the  main  object  and  purpose  to  be  to  establish  the 
permanent  county  seat  of  the  new  county  at  the  town  of  Milton.  The 
boundaries  do  not  conform  to  either  geographical  or  business  conditions, 
and  are  repugnant  to  a  great  majority  of  the  people  within  the  proposed 
new  county,  and  are  opposed  practically  unanimously  by  the  people  of 
the  old  county. 

Milton  is  situated  but  four  miles  from  the  boundary  of  the  State  of 


Submitted  to  Voters  of  Oregon  November  8,  1910      95 

Washington.  It  is  in  a  horticultural  section  tributary  to  the  city  of 
Walla  Walla,  Washington.  The  remainder  of  the  territory  within  the 
proposed  new  county  is  practically  all  farming  and  agricultural  lands, 
and  is  tributary  to  Pendleton.  The  sentiment  for  county  division  is 
confined  almost  exclusively  to  that  small  horticultural  section  imme- 
diately surrounding  the  town  of  Milton,  and  is  generally  opposed  by  the 
farmers,  who  oppose  the  action  realizing  that  it  will  greatly  increase 
their  taxes,  without  any  benefit  accruing  or  necessity  existing  for  such 
division.  The  greater  portion,  of  the  territory  within  the  proposed  county 
does  not  wish  to  be  so  included.  This  territory  is  the  wheat-producing 
belt  of  Umatilla  county  and  is  adjacent  to  the  towns  of  Weston,  Athena, 
Helix,  Adam.s  and  Pendleton,  and  practically  all  of  the  farmers  and  the 
townsmen  in  these  towns  oppose  the  division.  The  people  of  Weston 
and  Athena,  both  of  which  towns  are  included  in  the  new  county,  oppose 
the  division  and  have  expressed  bitter  opposition  to  Orchard  county 
through  their  newspapers,  their  city  officials  and  by  utterances  on  the 
part  of  the  leading  business  men. 

The  creation  of  Orchard  county  would  be  unjust,  in  that  it  would  work 
great  inconvenience  upon  them,  and  would  greatly  increase  their  taxation. 
The  Orchard  county  lines  are  "gerrymandered"  with  the  view  of  includ- 
ing all  possible  railroad  mileage  and  with  a  view  of  making  Milton  a 
perpetual  county  seat.  The  proposed  county  includes  Wenaha  Springs, 
a  summer  resort  particularly  patronized  by  Pendleton  citizens,  and  which 
is  essentially  a  Pendleton  establishment. 

Against  Umatilla  county  the  divisionists  have  no  just  complaint.  The 
county  is  free  from  debt  and  has  an  assessed  valuation  that  makes  good 
roads,  steel  bridges  and  other  improvements  possible,  without  making  the 
taxes  burdensome.  At  present  the  tax  levy  for  State  and  county  pur- 
poses is  3-34  /60  mills.  The  levy  for  county  purposes  is  but  1.78  mills. 
The  county  has  been  liberal  in  making  improvements  in  the  section  com- 
prising the  proposed  new  county.  At  this  time  the  following  county 
officers  are  from  that  section:  One  Representative,  one  Commissioner, 
Sheriff,  Clerk,  Assessor,  Treasurer,  School  Superintendent  and  Road 
Master.  That  section  has  always  been  accorded  ample  political  recog- 
nition. 

Pendleton,  the  county  seat  of  Umatilla  county,  is  located  in  the  geo- 
graphical center  of  the  county.  It  is  the  commercial,  educational  and 
social  center  of  the  county.  It  is  connected  with  every  section  of  the 
county,  including  the  towns  in  the  proposed  new  county,  by  daily  railway 
service.  Twenty-two  passenger  trains  arrive  and  depart  from  the  city, 
giving  convenient  service  with  every  section  of  the  county,  and  especially 
with  the  section  of  the  county  proposed  to  be  included  as  Orchard  county. 

The  adoption  of  the  Orchard  county  bill  would  be  of  benefit  to  a  few 
in  the  town  of  Milton,  who  have  selfish  interests  alone  at  stake.  It  would 
be  injurious,  unjust  and  entirely  unnecessary  to  the  many.    Vote  it  down! 

Respectfully, 
(Signed  by  Nine  Citizens  Above  Who  Present  the  Argument.) 


96  Pamphlet  Containing  Measures  to  be 


A  BILL 

to  be  submitted  to  the  legal  electors  of  the  state  op 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO  BE   HELD 

On  THE  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  creating  the  County  of  Clark, 
fixing  the  salaries  of  its  officers  and  providing 

for  its  organization 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June 
23,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907- 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907.   . 

Secretary  of  State. 


Th«  following  is  the  form  and  number  in   which   the  question  will  she 

submitted  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


A  bill  for  an  act  to  create  the  County  of  Clark  out  of 
the  northern  portion  of  Grant  county,  Oregon;  pro- 
viding for  its  organization;  fixing  the  salaries  of 
the  officers  thereof;  and  for  adjustment  of  finances 
between  the  two  counties.  Vote  YES  or  NO. 

S34.  Yes. 

»35.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910      97 

[On  Official  Ballot,  Nos.  334  imd  335.] 

A   BILL 

To  propose  by  initiative  petition  a  law  creating  the  County  of  Clark, 
fixing  the  salaries  of  its  officers  and  providing  for  its  organization. 

Be  it  Enacted  by  the  People  of  the  State  of  Oregon : 

Section  1.     That  all  of  that  portion  of  northern  Grant  county,  Oregon, 
embraced  within  the  following  boundary  lines  be  and  the  same  is  hereby 
created  and  organized  into  a  separate  county  by  the  name  of  Clark,  to-wit: 
Beginning  on  the  west  boundary  line  of  Grant  county  at  the  south- 
west corner   of   township   11   south,   range   26   E.,  W.   M.;   thence   east 
along  the  township  line  between  townships  11  and  12  to  the  southwest 
comer  of  township  11  south  of  range  29  E.,  W.  M.;  thence  south  along 
township  line  to  the  southwest  corner  of  section  7,  township   12  south 
oi"  range  29  E.,  W.  M. ;  thence  east  following  section  lines  across  town- 
ship 12,  range  29,  and  on  to  the  southeast  corner  of  section  8,  township 
12  south  of  range  30  E.,  W.  M.;  thence  north  along  section  line  to  the 
northeast  corner  of  section  32,  township  11  south  of  range  30  E.,  W.  M.; 
thence  east  following  section  line  to  the  northwest  corner  of  section  31, 
township  11  south  of  range  32  E.,  W.  M.;  thence  south  to  the  southwest 
corner  of  section  31,  township  11  south  of  range  32  E.,  W.  M.;  thence 
east  along  township  line  to  the  southeast  corner  of  township  11  south  of 
range  32  E.,  W.  M.;  thence  north  along  township  line  to  the  southwest 
corner  of  section  7,  township  11  south  of  range  33  E.,  W.  M.;  thence 
east  along  section  lines  to  the  southeast  corner  of  section  12,  township 
11  south  of  range  33  E-,  W.  M.;  thence  north  following  range  line  be- 
tween ranges  33  and  34  E.,  W.  M.,  to  the  north  boundary  line  of  Grant 
county;  thence  west  following  the  north  boundary  line  of  Grant  county 
to  the  northwest  corner  of  Grant  county;  thence  south  following  the  west 
boundary  line  of  Grant  county  to  the  place  of  beginning. 

Sec.  2.  That  the  territory  embraced  within  said  boundary  lines  shall 
compose  a  county  for  all  civil  and  military  purposes  and  shall  be  subject 
10  the  same  laws  and  restrictions  and  be  entitled  to  elect  the  same  officers 
as  other  counties  of  this  State;  provided,  that  it  shall  be  the  duty  of 
the  Governor,  as  soon  as  it  shall  be  convenient  after  this  law  shall  have 
gone  into  effect,  to  appoint  for  Clark  county,  and  from  its  citizens,  the 
several  county  officers  allowed  by  law  to  other  counties  in  this  State, 
which  said  officers,  when  duly  qualified  according  to  law,  shall  be  en- 
titled to  hold  their  respective  offices  until  their  respective  successors 
shall  have  been  duly  elected  at  the  general  election  of  1912,  and  are 
duly  qualified  according  to  law. 

Sec.  3.  The  temporary  county  seat  of  Clark  county  shall  be  located 
at  Long  Creek,  in  said  county,  until  a  permanent  location  shall  have  been 
adopted.  At  the  next  general  election  the  question  shall  be  submitted 
to  the  legal  voters  of  said  county,  and  the  place,  if  any,  which  shall 
4— 


98  Pamphlet  Containing  Measures  to  be 

receive  a  majority  of  all  the  votes  cast  at  sdid  election  upon  said  ques- 
tion, shall  be  the  permanent  county  seat  of  said  county.  But  if  no  place 
shall  receive  a  majority  of  all  the  votes  so  cast,  the  question  shall  again 
be  submitted  to  the  legal  voters  of  said  county  at  the  next  general 
election,  but  between  the  two  points  having  the  highest  number  of  votes 
at  said  first  election,  and  the  place  receiving  the  highest  number  of  votes 
so  cast  at  such  election  shall  be  the  permanent  county  seat  of  said  county. 

Sec.  4.  Said  County  of  Clark  shall,  for  representative  purposes,  be 
annexed  to  the  Twenty-first  Representative  District,  and  for  senatorial 
purposes  said  county  shall  be  annexed  to  the  Twenty-second  Senatorial 
District. 

Sec.  5.  The  county  clerk  of  Grant  county  shall  within  thirty  days 
after  this  law  shall  have  gone  into  operation,  make  out  and  deliver  to 
the  county  clerk  of  Clark  county,  a  transcript  of  all  taxes  assessed  upon 
all  persons  and  property  within  said  Clark  county,  which  were  pre- 
viously included  within  the  limits  of  Grant  county,  and  all  taxes  which 
shall  remain  unpaid  upon  the  day  this  act  shall  become  a  law,  shall  be 
paid  to  the  proper  officer  of  Clark  county.  The  county  clerk  of  Grant 
county  shall  also  make  out  and  deliver  to  the  county  clerk  of  Clark 
county,  within  the  time  above  limited,  a  transcript  of  all  cases  pending 
in  the  circuit  and  county  courts  of  Grant  county,  between  parties  resid- 
ing in  or  concerning  property  located  in  Clark  county,  and  transfer 
all  original  papers  and  pleadings  in  such  cases  to  the  clerk  of  Clark 
county,  and  all  such  cases  shall  be  tried  in  said  Clark  county. 

Sec.  6.  There  shall  be  a  session  of  the  county  court  of  Clark  county 
for  the  transaction  of  county  business  held  at  the  county  seat  on  the 
first  Wednesday  in  January,  April,  July  and  October  of  each  year. 

Sec.  7.  The  said  County  of  Clark  is  hereby  attached  to  the  Ninth 
Judicial  District  for  judicial  purposes,  and  the  terms  of  the  circuit  cQurt 
for  said  county  shall  be  held  at  the  county  seat  of  said  county,  on  the 
second  Monday  in  June  and  December  of  each  year. 

Sec.  8.  Until  otherwise  provided  by  law,  the  county  judge  of  Clark 
county  shall  receive  an  annual  salary  of  $600;  the  county  clerk  of  said 
county  shall  receive  an  annual  salary  of  $1200;  the  sheriff  of  said 
county  shall  receive  an  annual  salary  of  $1600;  the  treasurer  of  said 
county  shall  receive  an  annual  salary  of  $400;  the  assessor  of  said 
county  shall  receive  an  annual  salary  of  $600;  the  county  school  super- 
intendent of  said  county  shall  receive  an  annual  salary  of  $400;  and 
the  county  commissioners  of  said  county  shall  receive  the  sum  of  $3.00 
per  day  each,  for  the  time  actually  engaged  in  the  transaction  of  county 
business.  The  county  court  of  Clark  county  shall  appoint  the  stock 
inspector  and  fix  his  salary. 

Sec.  0.  The  law  relating  to  trespass  of  sheep  and  other  animals  shall 
be  the  same  throughout  Clark  county  as  now  maintains  in  Grant  county. 

Sec.  10.  The  county  court  of  Clark  county  shall  let  by  contract  to 
the  lowest  responsible  and  efficient  bidder  the  work  of  transcribing  all 
records  of  Grant  county,  affecting  real  estate  situate  in  Clark  county. 


Submitted  to  Voters  of  Oregon  November  8,  1910      99 

and  when  completed  they  shall  be  examined  and  certified  to  by  the  county 
clerk  of  Clark  county,  and  shall  thereafter  be  recognized  and  acknowl- 
edged as  the  official  records  of  Clark  county;  provided,  the  county  clerk 
of  said  Clark  county  shall  be  allowed  to  bid  upon  such  work. 

Sec.  11.  It  shall  be  the  duty  of  the  county  school  superintendent  of 
Grant  county  within  thirty  days  after  the  appointment  of  a  county 
school  superintendent  for  Clark  county,  to  make  out  and  forward  to  said 
school  superintendent  of  Clark  county,  a  true  and  correct  transcript  or 
abstract  of  the  annual  reports  of  the  clerks  of  the  various  school  dis- 
tricts embraced  within  the  County  of  Clark.  The  commissioners  herein- 
after named  and  appointed  to  adjust  the  property  and  financial  interests 
of  Grant  and  Clark  counties  shall,  at  the  same  time  ascertain  what,  if 
any,  sum  or  sums  of  money  belonging  to  the  school  fund  is  in  the  hands 
of  the  treasurer  of  Grant  county  which  should  be  paid  to  Clark  county, 
and  said  sum  or  sums,  if  any,  shall  be  paid  to  Clark  county  within  thirty 
days  after  such  award. 

Sec-  12.  The  county  treasurer  of  Clark  county  shall,  not  later  than 
October  15,  1911,  pay  over  to  the  treasurer  of  Grant  county  the  full 
amount  of  State  tax  of  the  assessment  of  1910,  due  from  citizens  of 
Clark  county. 

Sec.  13.  The  treasurer  of  Clark  county  shall,  within  one  year  after 
its  organization  by  the  appointment  of  its  officers,  as  hereinbefore  pro- 
vided, assume  and  pay  to  Grant  county,  a  pro  rata  proportion  of  the 
remaining  indebtedness,  if  any,  of  said  Grant  county,  after  deducting 
therefrom  the  amount  of  money  that  has  been  collected  in  taxes  from 
the  territory  taken  from  said  Grant  county,  if  any,  and  expended  by 
Grant  county  for  public  buildings  or  other  property;  provided,  that  if, 
when  this  law  goes  into  effect,  there  is  no  indebtedness  of  said  Grant 
county,  then  Clark  county  shall  be  entitled  to  credit  and  said  Grant 
county  shall  pay  to  Clark  county  the  amount  of  money  that  has  been 
collected  in  taxes  from  the  territory  taken  from  said  county  by  this  law, 
and  included  in  the  County  of  Clark,  and  expended  by  said  Grant  county, 
if  any,  for  public  buildings  and  other  property;  provided,  further,  that 
if,  when  this  law  takes  effect,  and  after  the  payment  of  all  indebtedness 
and  expenses  of  Grant  county,  up  to  that  time,  there  shall  be  a  balance 
of  money  in  the  hands  of  the  treasurer  of  said  Gi'ant  county,  then,  and 
in  that  event,  the  county  treasurer  of  Grant  county  shall,  within  thirty 
days  after  this  law  takes  effect,  or  within  thirty  days  after  the  amount 
thereof  shall  have  been  determined  by  the  commissioners  hereinafter 
appointed,  pay  to  the  treasurer  of  Clark  county  such  proportion  of  the 
balance  so  in  the  hands  of  the  treasurer  of  Grant  county,  after  the 
payment  of  the  indebtedness  and  expenses  aforesaid,  as  the  total  value 
of  the  property  in  Clark  county  taken  from  said  county  by  this  law 
bears  to  the  total  value  of  property  in  said  Grant  county,  and  according 
to  the  assessment  of  1910. 

Sec.  14.  The  county  judges  of  Grant  and  Clark  counties  and  Charles 
A.  Coe,  of  Long  Creek,  Oregon,  are  hereby  appointed  a  board  of  com; 


100  Pamphlet  Containing  Measures  to  be 

missioners  to  determine  the  value  of  the  county  buildings  and  other 
property  in  Grant  county;  the  amount  of  indebtedness,  if  any,  to  be 
assumed  by  Clark  county,  and  be  paid  to  Grant  county,  and  the  amount 
of  money  that  may  be  due  from  Grant  county  to  the  County  of  Clark, 
under  the  terms  of  Section  13  of  this  law.  Said  board  shall  meet  at  the 
county  seat  of  Grant  county  within  thii-ty  days  after  this  law  takes 
effect,  and  thereupon  determine  said  matters. 

Sec.  15.  After  taking  and  subscribing  an  oath  to  faithfully  discharge 
their  duties,  said  board  shall  proceed  with  such  work,  and  when  it  is 
completed  shall  file  reports  of  their  conclusions,  in  duplicate,  with  the 
clerks  of  Grant  and  Clark  counties.  In  case  of  a  vacancy  in  said  board, 
the  same  shall  be  filled  by  the  appointment  of  some  suitable  person  or 
persons  by  the  Governor  of  the  State. 

Sec.  16.  Within  thirty  days  after  the  filing  of  such  reports,  either 
county  may  appeal  from  the  decision  of  said  board  to  the  circuit  court 
of  Grant  county  by  serving  notice  of  appeal  upon  the  clerk  of  the  other 
county  interested.  Upon  perfecting  the  issue  in  such  circuit  court, 
either  county  may  demand  a  change  of  venue  to  any  other  county  in 
the  Ninth  Judicial  District,  or  other  circuit  court  of  the  State  of  Oregon, 
for  any  county  which  may  be  agreed  upon  by  said  counties,  or  in  the 
event  of  a  disagreement,  to  any  county  which  may  be  designated  by  the 
judge  of  the  court  where  said  proceeding  is  pending.  The  trial  may  be 
by  jury,  and  the  judgment  rendei'ed  may  be  enforced  as  other  judgments 
against  counties.  If  the  county  appealing  fails  to  recover  a  more  favor- 
able judgment  than  the  finding  of  the  board  appealed  from  by  at  least 
$500,  it  shall  pay  the  costs  of  the  appeal.  If  no  appeal  be  taken  by 
either  party,  within  the  thirty  days  above  provided,  the  findings  of  said 
board  shall  be  final  and  conclusive.  The  members  of  said  board  shall 
receive  the  sum  of  $3. 00  per  day  for  each  day  actually  employed,  and 
the  same  mileage  as  a  witness  in  the  circuit  court.  The  expenses  incu^rred 
by  the  above  mentioned  board  shall  be  borne  equally  by  the  two  counties 
interested. 


Submitted  to  Voters  of  Oregon  November  8,  1910    101 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

CLARK  COUNTY  COMMITTEE 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows: 

PROPOSED  BY  initiative  PETITION 


A  bill  for  an  act  to  create  the  County  of  Clark  out  of 
the  northern  portion  of  Grant  county,  Oregon;  pro- 
viding for  its  organization;  fixing  the  salaries  of 
the  officers  thereof;  and  for  adjustment  of  finances 


between  the  two  counties. 

Vote  YES  or  NO. 

334.          Yes. 

335.          No. 

ARGUMENT  SUBMITTED  BY  CLARK  COUNTY  COMMITTEE 
in  favor  of  initiative  bill  for  the  creation  of  Clai'k  county. 

This  bill  is  submitted  under  the  initiative  because  there  is  no  general 
law  for  the  creation  of  counties.  The  facts  as  to  area,  population  and 
assessed  valuations  submitted  herewith,  show,  as  we  believe,  that  we 
are  able  to  maintain  a  county  government.  Out  of  a  population  of  about 
2600  the  desire  for  the  creation  of  a  new  county  for  the  middle  fork  of 
the  John  Day  River  country  in  northern  Grant  is  earnest  and  has  existed 
for  years;  objections  heretofore  to  dividing  Grant  county  and  the  creation 
of  a  new  county  of  the  northern  portion,  was  "wait  until  such  time  as 
the  county  shall  get  out  of  debt";  that  time  has  come  and  the  objection 
eliminated.  We  are  assured  by  leading  citizens  of  Canyon  City,  Prairie 
City,  John  Day,  and  other  portions  of  Grant  county  that  they  have  no 
objections  to  the  creation  of  Clark  county  as  proposed  in  this  bill,  they 
having  signed  the  petition  asking  that  it  be  submitted  to  a  vote  at  the 
regular  general  election  to  be  held  on  the  8th  day  of  November,  1910. 
This  bill  has  as  nearly  the  unanimous  support  of  the  citizens  of  the  pro- 
posed new  county  as  it  is  possible  for  a  measure  of  this  kind  to  have. 
Some  of  the  large  sheep  men  in  the  western  portion  oppose  it,  and  they, 
as  a  rule,  are  opposed  to  any  measure  that  tends  to  the  development  and 
settlement  of  the  country,  and  should  any  organized  opposition  arise  it 
will  be  through  their  directions. 

Grant  county  is  one  of  the  large  counties  of  the  State,  having  an  area 
of  about  4762  square  miles;  Canyon  City,  the  county  seat,  is  located 
south  of  the  center  of  the  county;  citizens  residing  in  the  extreme  north- 
west part  of  the  county  have  to  travel  about  seventy  miles  over  rough 


102  Pamphlet  Containing  Measures  to  be 


roads  and  a  mountain  range  to  reach  the  county  seat,  and  three  to  four 
days'  time  taken  for  the  trip  besides  the  expenses,  which  puts  them  to 
a  great  inconvenience.  The  dividing  line  for  the  proposed  Clark  county 
is  along  the  mountain  range  between  the  main  John  Day  river  and  the 
middle  fork,  the  watersheds  of  the  middle  fork  of  the  John  Day  river 
and  its  tributaries  being  in  the  proposed  county  of  Clark,  and  the  tem- 
porary county  seat  named  in  the  bill  is  centrally  located,  and  a  citizen 
residing  in  the  remotest  part  of  the  county  can  reach  the  county  seat 
within  a  distance  of  thirty-five  miles,  which  will  be  a  great  convenience 
as  well  as  a  benefit  in  time  and  expenses  saved  in  going  to  the  county 
seat  on  any  kind  of  business. 

The  territoi-y  in  the  proposed  county  of  Clark  is  all  taken  from  Grant 
county,  and  its  area  is  about  1428  square  miles;  has  a  population  of 
about  2615;  has  twenty-two  school  houses,  several  of  which  are  graded 
schools;  an  assessed  valuation  for  the  year  1909  of  $1,964,987. 

Therefore  the  people  of  that  portion  of  northern  Grant  county  com- 
prising the  territory  of  the  proposed  Clark  county  ask  favorable  con- 
sideration of  the  voters  of  the  State  upon  this  bill  for  these,  among  other, 
reasons: 

Because  the  new  county  will  be  a  great  convenience  and  benefit  to  the 
people  residing  therein  and  will  facilitate  the  transaction  of  their  county 
business. 

Because  the  people  of  Canyon  City  and  the  balance  of  Grant  county, 
we  are  informed  and  believe,  are  willing  that  Clark  county  may  be 
created  as  provided  in  this  bill. 

Because  the  people  within  the  proposed  new  county  believing  that  the 
smaller  county  and  nearer  home  government  the  cheaper;  that  taxation 
can  better  be  kept  down  to  a  minimum;  that  more  and  better  highways 
are  possible;  that  gi-eater  development  of  the  country  can  be  attained 
by  the  creation  of  Clark  county;  that  a  large  community  would  be  ren- 
dered more  effective  in  the  increasing  of  the  population,  in  enhancing 
taxable  valuations,  and  in  the  making  of  a  gi-eater  Oregon. 

The  assessed  valuation  of  property  in  the  proposed  county  of  Clark  in 
1906  was  $997,687,  in  1909  was  $1,964,987,  showing  an  average  gain  of 
33  per  cent  per  year  for  the  past  three  years. 

There  will  be  left  in  Grant  county  after  Clark  county  is  created  an 
area  of  about  3324  square  miles;  a  population  of  about  4675,  and  an 
assessed  valuation  of  $2,766,207  for  the  year  1909,  which  still  leaves  it 
among  the  large  and  strong  counties  of  the  State.  The  tax  levy  of  the 
1909  valuation  is  16  mills,  which  would  raise  in  the  proposed  Clark 
tounty  $31,439.80,  which  is  ample  to  pay  the  expenses  of  operatiag  Clark 
county  and  leave  a  substantial  balance. 

Respectfully  submitted, 

CLARK  COUNTY  COMMITTEE. 

By  Chas,  W.  Conger,  Chairman. 
By  Chas  A.  Coe,  Secretary. 


Submitted  to  Voters  of  Oregon  November  8,  1910    103 


A  BILL 

To  be  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR    GENERAL   ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  provide  for  the  parmanent 

support  and  maintenance  of  the  "Eastern  Oregon  State  Normal 

School  at  Weston,  Umatilla  County,  Oregon" 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June 

24,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 
submitted  on   the   official   ballot: 


PROPOSED  BY  initiative  PETITION 


A.  bill  for  a  law  providing  for  the  permanent  support 
and  maintenance  of  the  Eastern  Oregon  State  Nor- 
mal School  at  Weston,  Umatilla  county,  Oregon, 
by  levying  an  annual  tax  of  one-twenty-fifth  of  a 
mill  on  the  dollar  upon  all  the  taxable  property 
within  the  State  of  Oregon.  Vote  YES  or  NO. 


336.  Yes. 

337.  No. 


104  Pamphlet  Containing  Measures  to  be 


[On  Official  Ballot,  Nos.  336  and  337.] 

A   BILL 

To  propose  by  initiative  petition  a  law  to  provide  for  the  peraianent 
support  and  maintenance  of  the  "Eastern  Oregon  State  Normal  School 
at  Weston,  Umatilla  County,  Oregon." 

Be  it  Enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  For  the  support  and  maintenance  of  the  "Eastern  Oregon 
State  Normal  School  at  Weston,  Umatilla  County,  Oregon,"  for  the  pay- 
ment of  salaries  of  its  teachers  and  employees;  to  keep  the  buildings, 
grounds  and  other  property  thereof  in  repair;  for  the  purchase  of  addi- 
tional land  for  the  campus  thereof,  or  otherwise  if  necessary;  for  the 
purchase  of  library  books,  laboratory  supplies  and  apparatus  and  for 
the  payment  of  necessary  incidental  expenses,  there  is  hereby  levied 
annually  a  tax  of  one-twenty-fifth  of  a  mill  on  the  dollar  upon  all  the 
taxable  property  within  the  State  of  Oregon.  Such  tax  shall  be  levied 
and  collected  annually  as  other  taxes  are  levied  and  collected,  and  the 
fund  arising  therefrom  shall  be  paid  into  the  State  treasury  and  kept 
separate  and  apart  from  other  funds,  and  shall  be  known  as  the  "Eastern 
Oregon  State  Normal  School  Fund,"  and  shall  be  paid  out  only  on  war- 
rants drawn  by  the  Secretary  of  State  on  the  State  Treasurer  against 
said  fund,  and  under  the  supervision  and  direction  of  the  board  of  regents 
and  their  successors  in  office.  If  any  portion  of  said  fund  shall  not 
be  used  during  any  fiscal  year,  the  balance  remaining  shall  be  carried 
over  until  the  next  year  and  added  to  the  fund  for  that  year,  and  the 
Secretary  of  State  is  authorized  and  directed  to  audit  and  allow  all 
claims  payable  out  of  such  fund. 

Section  2.  The  "Eastern  Oregon  State  Normal  School  at  Weston, 
Umatilla  County,  Oregon,"  shall  be  controlled,  managed  and  maintained 
by  a  board  of  regents  and  their  successors  in  office,  appointed  by  and 
with  the  authority  conferred  upon  them  pursuant  to  Chapter  189  of  the 
General  Laws  of  Oregon,  filed  in  the  office  of  the  Secretary  of  State  on 
February  25,  1907. 


Submitted  to  Voters  of  Oregon  November  8,  1910    105 

ARGUMENT 

SUBMITTED   BY 

E.  0.  S.  N.  S.  CAMPAIGN  COMMITTEE 
in  favor  of  the  measure  designated  on  the  official  ballot   as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  providing  for  the  permanent  support  and 
maintenance  of  the  Eas-tern  Oregon  State  Normal  School 
at  Weston,  Umatilla  county,  Oregon,  by  levying  an  annual 
tax  of  one-twenty-fifth  of  a  mill  on  the  dollar  upon  all 
the   taxable  property   within   the   State   of  Oregon.  Vote  YES  or  NO. 


Yes. 


337.  No. 


AN    APPEAL    IN    BEHALF    OF   THE    EASTERN    OREGON    STATE 

NORMAL   SCHOOL. 
To  the  Voters  of  Oregon: 

We  submit  to  you  that  Eastern  Oregon  embraces  more  than  half  of 
the  territory  of  the  State  and  pays  a  large  share  of  its  taxes,  yet  has 
no  educational  insftution  supported  by  the  State.  We  ask  that  justice 
be  done  by  the  re-establishment  of  the  Eastern  Oregon  State  Normal 
School  through  your  votes  in  November.  To  do  so  will  entail  an  annual 
tax  of  but  one-twenty-fifth  of  a  mill,  which  means  that  the  man  who 
pays  taxes  on  $10,000  annually  will  pay  exactly  40  cents  each  year  for 
the  support  of  this  school. 

This  school  has  a  State  plant  now  idle  valued  at  $75,000,  which  if 
not  utilized  becomes  a  total  loss  to  the  commonwealth.  It  is  located  in 
a  beautiful  and  healthful  region,  easy  of  access  from  the  centers  of 
population  in  Eastern  Oregon.  It  has  never  been  a  "local  school";  and 
out  of  an  enrollment  of  275  normal  students  during  the  bi-ennial  period 
1907-08,  but  19  per  cent  came  from  Umatilla  county,  while  the  remainder 
represented  seventeen  other  Oregon  counties.  Its  loss  is  felt,  as  the 
supply  of  teachers  is  now  inadequate  in  this  part  of  the  State.  Many 
of  its  former  students,  and  other  young  people  of  Oregon,  have  gone 
to  Washington  and  Idaho  normals. 

We  submit  further  that  by  reason  of  its  growing  population  and 
physical  divisions,  Oregon  needs  more  than  one  Normal  School.  It 
needs  at  least  three.  Alabama  supports  seven,  Arizona  two,  Arkansas 
two,  California  five,  Colorado  one,  Connecticut  five,  District  of  Columbia 
two,  Florida  one,  Georgia  three,  Idaho  two,  Illinois  six,  Indiana  two, 
Iowa  two,  Kansas  three,  Kentucky  four,  Louisiana  two,  Maine  seven, 
Maryland  four,  Massachusetts  twelve,  Michigan  five,  Minnesota  six, 
Mississippi  three,  Missouri  seven,  Montana  one,  Nebraska  two.  New 
Hampshire  one,  New  Jersey  five.  New  Mexico  two,  New  York  eighteen, 
North  Carolina  six.  North  Dakota  two,  Ohio  seven,  Oklahoma  four,  Penn- 
sylvania seventeen,  Rhode  Island  one,  South  Carolina  two.  South  Dakota 
four,  Tennessee  one,  Texas  three,  Utah  one,  Vermont  three,  Virginia 
three,  Washington  three.  West  Virginia  seven,  Wisconsin  thirteen.  Ore- 
gon at  present  is  one  of  three  states  that  have  no  Normal  Schools. 

The  passage  of  this  bill  will  place  the  Eastern  Oregon  State  Normal 
School  on  a  permanent  and  satisfactory  basis,  obviate  the  feeling  of 
insecurity  from  which  it  formerly  suffered,  and  remove  it  altogether 
fi*om  the  sphere  of  Oregon  politics. 

E.  O.  S.  N.  S.  CAMPAIGN  COMMITTEE. 
Clark  Wood,  Secretary.  O.  C.  Turner,  Chairman. 


106  Pamphlet  Containing  Measures  to  be 

A  BILL 

To  BE  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR    GENERAL   ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition,  a  law  to  detach  certain  territory  from 

the  County  of  Washington,  in  the  State  of  Oregon,  and  annex  the 

same  to  the  County  of  Multnomah,  in  the  State  of  Oregon, 

and  to  provide  for  a  transcript  of  the  records  of  said 

County  of  Washington  insofar  as  they  affect  the  real 

property   in  the   territory  so   detached 

and  annexed. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  June 

30,  1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  LaSvs  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The   following  is  the   form  and  number  in  which  the  question  wHl  be 

printed  on  the  official  ballot: 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  annex  a  portion  of  the  territory  in 
the  eastern  part  of  Washington  county,  Oregon,  to 
Multnomah  county,  Oregon,  and  providing  for  a  tran- 
script of  the  records  of  the  territory  annexed  to  be 
made  and  recorded  in  Multnomah  county.  Vote  YES  or  NO. 


338.  Yes. 

339.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910    107 


[On  Official  Ballot,  Nos.  338  and  339.] 

A    BILL 

To  propose  by  initiative  petition,  a  law  to  detach  certain  territory  from 
the  County  of  Washington,  in  the  State  of  Oregon,  and  annex  the  same 
to  the  County  of  Multnomah,  in  the  State  of  Oregon,  and  to  provide 
for  a  transcript  of  the  records  of  said  County  of  Washington  insofar 
as  they  affect  the  real  property  in  the  territory  so  detached  and 
annexed. 

Be  it  Enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  all  of  that  portion  of  the  County  of  Washington  in 
the  State  of  Oregon  situated  and  lying  east  of  a  line,  commencing  at 
the  northwest  corner  of  section  numbered  one  (1)  in  township  one  (1) 
north  of  range  two  (2)  west  of  the  Willamette  Meridian,  and  running 
thence  south  following  the  section  lines  to  the  southwest  comer  of  section 
numbered  twelve  (12)  in  township  three  (3)  south  of  range  two  (2) 
west  of  the  Willamette  Meridian,  be,,  and  the  same  hereby  is,  detached 
from  the  County  of  Washington  in  the  State  of  Oregon,  and  annexed  to 
and  made  a  part  of  the  County  of  Multnomah  in  the  State  of  Oregon. 
All  laws  and  parts  of  laws  in  conflict  with  this  bill  are  hereby  repealed. 

Section  2.  The  county  court  of  Multnomah  county,  Oregon,  shall, 
within  one  year  after  this  bill  becomes  a  law,  procure  or  cause  to  be 
procured,  a  transcript  or  copy  of  the  records  of  the  County  of  Washing- 
ton in  the  State  of  Oregon,  affecting  the  title  to  all  the  real  property 
situated  in  the  terrritory  described  in  Section  1  of  this  bill;  said  tran- 
script or  copy  to  be  duly  attested  or  certified  to,  by  some  person  to  be 
appointed  by  the  said  county  court  of  the  County  of  Multnomah  in  the 
State  of  Oregon,  and  deliver  such  copy  or  transcript,  attested  or  certified 
to,  as  aforesaid,  to  the  county  clerk  of  Multnomah  county,  Oregon,  and 
thereafter  sai3  transcript  or  copy  shall  be  recognized  as,  and  become  a 
part  of,  the  official  records  of  said  County  of  Multnomah  in  the  State 
of  Oregon. 


108  Pamphlet  Containing  Measures  to  be 


ARGUMENT 
(negative) 

SUBMITTED   BY 

DR.   W.   D.   WOOD,   E.   I.   KURATLI,   FEED   GRONER,   B.   P.   COR- 
NELIUS, W.   V.  WILEY,  W.   N.   BARRETT,  W.   G.  HARE,   T.   H. 
TONGUE,   Jr.,   J.    W.    GOODIN,    DR.    A.    B.    BAILEY,    DR.    J.    P. 
TAMIESIE,  and  BENTON  BOWMAN, 
opposing  the  measure  designated  on  the  official  ballot,  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


bill  for  a  law  to  annex  a  portion  of  the  territory  in  the 
eastern  part  of  Washington  county,  Ore'gon,  to  Multnomah 
county,  Oregon,  and  providing  for  a  transcript  of  the 
i-ecords  of  the  territory  annexed  to  be  made  and  recorded 
in  Multnomah  coifnty.  Vote  Y'ES  or  NO. 


338.  Yes. 


339.  No. 


ARGUMENT   AGAINST   THE   FOREGOING  BILL. 

This  bill  is  filed  without  an  affirmative  argument,  and  probably  none 
can  be  justly  made  therefor.  Multnomah  county  was  created  in  1854, 
partly  from  Washington  county,  and  the  boundary  line  between  said 
counties  was  established,  as  near  as  practicable,  on  the  crest  of  a  range 
of  hills,  a  natural  division,  and  no  reason  now  exists  for  changing  it. 

Washington  county  contains  730  sections,  and  is  one  of  the  smaller 
counties  of  the  State.  This  bill  proposes  to  cut  a  strip  seven  miles  wide, 
containing  112  square  miles,  off  the  east  side  of  it,  taking  nearly  half 
the  railroad  mileage  of  the  county,  about  one-fifth  of  its  voters,  and 
about  four  million  dollars  assessed  valuation.  Much  of  the  remaining 
area  is  rough,  unsettled  mountain  land. 

This  change  would  bring  the  Multnomah  county  line  to  within  4.9 
miles  of  the  court  house  at  Hillsboro,  and  would  cut  off  Clackamas  from 
Washington  county  and  thus  divide  the  Fifth  Judicial  District,  leaviitg 
the  residence  of  the  circuit  judge  outside  of  the  district. 

No  provision  is  made  for  reimbursing  Washington  county  for  assessing 
this  .strip  for  1910,  or  for  collecting  the  taxes  thereon  for  that  year. 
Neither  does  it  provide  for  transferring  the  school  records,  ©r  cases 
pending  in  court,  and  great  confusion  would  arise  in  these  matters. 

Less  than  one-third  of  the  legal  voters  residing  in  said  strip  signed 
the  initiative  petitions,  and  some  of  whom  are  now  against  its  passage, 
and  less  than  10  per  cent  of  all  the  voters  of  this  county  signed  the 
same.  Ninety  per  cent  of  the  signatures  were  procured  in  Multnomah 
county,  most  of  them  presumably  at  a  stipulated  price  per  name,  a  great 
majority  of  the  signers  having  no  interest  whatever  in  the  measure. 

As  the  people  in  this  area  will  be  no  nearer  to  Portland  by  this  change, 
and  as  the  voters  of  Washington  county,  outside  of  this  strip,  are  prac- 
tically unanimous  against  it,  and  quite  a  large  per  cent  of  those  within 
the  district  are  also  opposing  it,  and  as  it  will  be  a  great  injustice  to 
the  county,  without  material  benefit  to  any  one,  we  urge  the  voters  of 
the  State  to  vote  NO  on  the  proposition. 

Signed  by  the  Citizens  Above,  Who  Submit  the  Argument. 


Submitted  to  Voters  of  Oregon  November  8,  1910    109 


A  BILL 

To  be  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR   general   ELECTION 

TO  BE   HELD 

On  the  Eighth  Day  of  November,  1910,  " 

To  propose  by   initiative  petition  a  law  to  provide  for  the  permanent 
support  and  maintenance  of  the  "Southern  Oregon  State  Normal 
Schocl"  at  Ashland,  Jackson  county,  Oregon;  with  a  provision 
limiting  instruction  therein  to  courses  promoting  effi- 
ciency in  the  art  of  teaching  in  the  public 
schools  of  Oregon. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  1, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1^07. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

submitted  on  the  official  ballot : 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  providing  for  the  permanent  support 
and  maintenance  of  the  Southern  Oregon  State 
NoiTnal  School  at  Ashland,  Jackson  county,  Oregon, 
by  levying  one-twenty-fifth  of  a  mill  on  the  dollar  on 
all  taxable  property  in  the  State  of  Oregon  therefor, 
and  limiting  instruction  therein  to  those  subjects 
promoting  efficiency  in  the  art  of  teaching.  Vote  YES  or  NO- 


340.  Yes. 

341.  No. 


110  Pamphlet  Containing  Measures  to  be 

[On  Official  Ballot,  Nos.  340  and  341.] 

A    BILL 

To  propose  by  initiative  petition  a  law  to  provide  for  the  permanent 
support  and  maintenance  of  the  "Southern  Oregon  State  Normal 
School"  at  Ashland,  Jackson  county,  Oregon;  with  a  provision  limiting 
instruction  therein  to  courses  promoting  efficiency  in  the  art  of  teach- 
ing in  the  public  schools  of  Oregon. 

Be  it  Enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  For  the  support  and  maintenance  of  the  "Southern  Oregon 
State  Normal  School"  at  Ashland,  Jackson  county,  Oregon;  for  the  pay- 
ment of  salaries  of  its  teachers  and  employees;  to  keep  the  buildings, 
grounds  and  other  property  thereof  in  repair;  for  the  purchase  of  addi- 
tional land  for  the  campus  thereof,  if  necessary;  for  the  construction  of 
buildings  and  additions  to  the  same,  so  far  as  is  necessary;  for  the 
purchase  of  library  books,  laboratory  supplies  and  appai'atus,  and  for 
the  payment  of  necessary  incidental  expenses,  there  is  hereby  levied  an 
annual  tax  of  one-twenty-fifth  of  a  mill  on  the  dollar  upon  all  taxable 
property  within  the  State  of  Oregon.  Such  tax  shall  be  levied  annually 
and  collected  as  other  taxes  are  levied  and  collected,  and  the  fund  arising 
therefrom  shall  be  paid  into  the  State  treasury  and  kept  separate  and 
apart  from  other  funds,  and  shall  be  known  as  the  "Southern  Oregon 
State  Normal  School  Fund,"  and  shall  be  paid  out  only  on  warrants 
drawn  by  the  Secretary  of  State  on  the  State  Treasurer  against  said 
fund,  and  under  the  supervision  and  direction  of  the  board  of  regents 
and  their  successors  in  office.  If  any  portion  of  said  fund  shall  not 
be  used  during  the  fiscal  year  the  balance  remaining  shall  be  carried 
over  until  the  next  year  and  added  to  the  fund  for  that  year,  and  the 
Secretary  of  State  is  authorized  and  directed  to  audit  and  allow  all 
claims  otherwise  payable  out  of  such  fund,  regardless  of  the  date  when 
contracted,  but  no  claim  or  indebtedness  incurred  by  or  on  behalf  of 
said  school  prior  to  the  passage  of  this  act  shall  ever  be  paid  out  of  the 
fund  hereby  created. 

Section  2.  "The  Southern  Oregon  State  Normal  School,"  at  Ashland, 
Jackson  county,  Oregon,  shall  be  controlled,  managed  and  maintained 
by  a  board  of  regents  and  their  successors  in  office,  appointed  by  and 
with  the  authority  conferred  upon  them  pursuant  to  Chapter  189  of 
the  General  Laws  of  Oregon,  filed  in  the  office  of  the  Secretary  of  State 
on  February  25,  1907. 

Section  3.  Said  board  of  regents  in  prescribing  the  course  of  study 
to  be  pursued  in  said  school  shall  limit  the  subjects  to  be  taught  to  those 
promoting  efficiency  in  the  art  of  teaching  in  the  public  schcools  of 
Oregon;  and  shall  provide  that  the  requirements  for  admission  to  said 
school  shall  at  the  opening  of  the  school  year  in  1911  be  at  least  a 
preparation  equivalent  to  the  completion  of  the  tenth  grade  of  the  public 
school  system. 


Submitted  to  Voters  of  Oregon  November  8,  1910    111 

ARGUMENT 

(affirmative) 

SUBMITTED  IBY 

ALUMNI  COMMITTEE  OF  S.  0.  NORMAL  SCHOOL 
in  favor  of  the  measure  designated  on  the  official  ballot,  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


bill  for  a  law  providing  for  the  permanent  support  and 
maintenance  of  the  Southern  Oregon  State  Normal  School 
at  Ashland,  Jackson  county,  Oregon,  by  levying  one- 
twenty-fifth  of  a  mill  on  the  dollar  on  all  taxable  property 
in  the  State  of  Oregon  therefor,  and  limiting  instruction 
therein  to  those  subjects  promoting  efficiency  in  the  art 
of  teaching.  Vote  YES  or  NO. 


340.  Yes. 


341.  No. 


ARGUMENT  IN  SUPPORT  OF  THE  BILL  APPROPRIATING  1-25 
OF  A  MILL  FOR  THE  SUPPORT  OF  THE  SOUTHERN  OREGON 
STATE  NORMAL  SCHOOL,  LOCATED  AT  ASHLAND,  IN  JACK- 
SON COUNTY,  OREGON. 

The  first  duty  of  the  State  is  to  educate  its  children.  Time  and 
experience  have  settled  upon  the  public  school  as  the  best  known  instru- 
ment to  that  end.  Schools  are  good,  or  otherwise,  according  to  the 
teachers  who  preside  over  them;  "like  teacher,  like  school,"  is  an  axiom. 
How  to  supply  an  adequate  number  of  efficient  teachers  for  our  public 
schools  is  the  one  paramount  question  at  every  stage  of  our  national 
growth.  Hence,  the  constant  demand  for  Normal  Schools.  All  must 
agree  that  however  well  equipped  in  buildings  and  apparatus  a  school 
may  be,  it  will  be  a  failure  if  in  charge  of  an  inefficient  teacher.  A 
bare  log  school  house  equipped  with  only  rude  benches  affords  an  ideal 
school,  if  an  ideal  teacher  graces  its  rude  environment.  The  millions 
of  dollars  annually  expended  on  our  public  schools  are  made  doubly 
operative  by  expending  other  hundreds  in  training  teachers. 

For  twenty  years,  Oregon  recognized  the  Normal  School  idea  and  in 
1909,  Oregon  compared  quite  favorably  with  other  western  states.  The 
attendance  in  the  Oregon  Normal  Schools  in  1909  was  775;  in  Idaho  211; 
m  Washington  793.  The  Oregon  normals  were  in  1907  placed  under 
the  control  of  one  board  of  regents  and  the  standard  of  their  work  care- 
fully fixed  by  comparison  with  the  best  schools  in  the  country.  In 
February  of  1909,  appropriations  for  our  Normal  Schools  were  discon- 
tinued by  the  legislature  and  fifty-one  teachers  then  in  the  employ  of 
these  schools  were  left  at  mid-year  entirely  without  support;  775  stu- 
der«ts  who  had  paid  their  tuition  to  the  State  of  Oregon  for  the  full  year 
were  asking  for  a  fulfillment  of  the  contract,  but  were  denied.  It  is 
not  the  purpose  of  this  article  to  criticise  the  legislature  of  1909,  but 


-«  1  ■•' 


12  Pamphlet  Containing  Measures  to  be 

to  say  that  calmer  and  more  mature  deliberation  would  never  have  left 
the  State's  contracts  unfulfilled — thus  in  the  middle  of  the  school  year 
depriving  these  775  students  of  their  just  dues  and  withdrawing  all 
support  from  every  member  of  the  normal  faculties  which  the  State  had 
hii'ed  for  the  full  school  year.  Could  there  be  found  in  all  the  great 
State  of  Oregon,  a  farmer  with  so  little  sense  of  honor  as  to  dismiss  a 
"hired  man"  when  the  contract  time  was  only  half  expired?  Or  could 
there  be  found  a  faithful,  hard-working  man  who  would  submit  to  such 
dismissal?  The  fact  that  the  noble  normal  teachei's,  with  slight  aid  from 
the  communities  in  which  the  schools  were  located,  remained  at  their 
post  until  the  close  of  the  year,  saved  the  honor  of  the  State. 

The  avei'age  number  of  students  in  the  Southern  Oregon  Normal 
School  in  the  last  five  years  of  its  life  (exclusive  of  training  department) 
was  205;  the  avei-age  number  of  graduates  was  twenty-five;  the  average 
cost  to  the  State  of  a  year's  training  of  the  normal  student  in  this  school 
has  always  been  less  than  $100.00  per  student;  this  is  much  less  than  in 
cither  the  University  of  Oregon  or  the  Agricultural  College,  and  is  below 
the  average  in  the  other  Normal  Schools  of  the  country.  During  the 
ten  years  in  which  this  school  was  receiving  State  support  there  were 
graduated  200  normal  students  who  have  been  absorbed  by  the  public 
schools  of  Oregon;  almost  without  exception,  these  teachers  have  "made 
good"  and  are  still  "making  good"  and  have  done  the  State  a  real  service 
in  exchange  for  the  meagre  sums  appropriated  for  their  training.  In 
addition  to  these  graduates,  a  large  number  of  the  students  who  have 
attended  the  school  for  one  or  more  teiTns  but  have  not  graduated,  have 
been  teaching  in  Oregon  schools.  Were  the  Southei-n  Oregon  Normal 
School  again  placed  on  its  feet  and  supported  in  a  manner  approved  by 
the  policy  of  other  states  it  would  prove  a  powerful  factor  in  the 
upbuilding  of  our  commonwealth.  x 

At  present,  the  State  owns  at  Ashland,  a  Normal  School  plant  worth 
not  less  than  $60,000.0(7.  Heating  plant,  dormitories,  apparatus,  library, 
campus  grounds  and  two  good  classroom  buildings  all  stand  there  idle. 
The  great  States  of  Massachusetts,  New  York,  Pennsylvania  and 
Wisconsin  have  from  twelve  to  seventeen  Normal  Schools  each;  Maine, 
Connecticut,  Minnesota,  Ohio,  Missouri,  California,  New  Jersey,  West 
Virginia.  Illinois  and  Michigan  have  from  five  to  seven  Normal  Schools 
each.  Few  states  have  but  one  normal.  Iowa  and  Kansas,  long  cited 
by  the  advocates  of  the  one  school  idea,  have  now  established  additional 
Normal  Schools.  Educators  agree  that  numerous  Normal  Schools  lo- 
cated in  different  parts  of  the  State,  fumish  the  best  opportunity  for 
the  successful  training  of  teachers.  They  also  agree  that  the  highest 
efficiency  in  the  Normal  School  is  reached  with  an  institution  of  from 
200  to  300  attendance,  graduating  annually  from  twenty-five  to  fifty 
students.  In  such  a  school  the  facilities  for  training  school  practice  are 
at  their  best.  The  president  of  a  large  central  Normal  School  admitted 
in  1905  that  the  average  senior  in  his  school  had  but  a  mere  glance 
into  the  training  school  on  account  of  the  large  number  of  teachers  at 


Submitted  to  Voters  of  Oregon  November  8,  1910    113 

practice.     This  training  school  work  is  the  very  essence  of  normal  edu- 
cation and  the  large  Normal  School  is  weak  by  its  very  nature. 

A  Normal  School  gathers  its  material  from  adjacent  territory  which 
in  turn  absorbs  the  product  into  its  public  school  teaching  force.  This 
is  why  Iowa  and  Kansas  have  discarded  the  old  one-school  idea.  No 
State  in  the  Union  has  ever  deci*eased  the  number  of  Normal  Schools, 
save  Oregon.  An  average  of  twelve  counties  of  the  State  were  repre- 
sented each  year  in  the  school  enrollment;  it  may  be  seen,  therefore, 
that  this  school  is  truly  a  Southern  Oregon  school  and  not  a  local 
institution,  for  it  has  supplied  a  large  third  of  the  State  with  a  teacher 
training  center.  The  Southern  Oregon  Normal  School  has  never  been 
used  as  a  local  High  School,  and  never  will  be-  The  city  of  Ashland 
has  from  pioneer  times  been  known  as  the  educational  center  of  Southern 
Oregon;  it  had  the  first  High  School  in  the  State  outside  of  Portland; 
at  present  this  High  School  is  equipped  with  a  $30,000.00  building,  and 
bonds  have  already  been  voted  for  the  erection  of  a  larger  and  more 
commodious  building. 

Geographically,  Oregon  needs  more  than  one  Normal  School.  Southern 
Oregon  is  far  removed  from  the  other  educational  institutions  of  the 
State,  and  it  is  a  territory  which  is  rapidly  developing  in  population  and 
economic  resources.  Befoi'e  the  Normal  School  was  established  in 
Southern  Oregon,  the  young  people  of  this  section  looked  toward  the 
California  Normal  Schools  for  opportunity  and  for  college  preparation, 
and  Belmont  and  Chico  enrolled  scores  of  young  men  and  women  who 
have  graduated  from  these  schools  and  entered  California  universities 
or  engaged  in  teaching  in  California  public  schools,  thus  giving  their 
lives  to  the  State  that  gave  them  opportunity.  The  Southern  Oregon 
Normal  School,  during  its  existence,  has  stayed  this  outgoing  tide; 
young  men  and  women  have  centered  their  interest  in  this  school,  and 
from  it  they  have  gone  forth  equipped  for  service  and  are  giving  their 
lives  to  Oregon  instead. 

The  Southern  Oregon  Normal  School  will  not  prove  a  burden  on  the 
taxpayer;  the  amount  asked  for  approximates  only  $25,000  per  year. 
By  the  terms  of  this  proposed  bill,  a  man  paying  taxes  on  $10,000.00 
would  contribute  40  cents  toward  the  Normal  School  of  Southern  Oregon. 

Since  Normal  Schools  are  a  part  of  the  educational  policy  of  all  other 
States,  and  are  absolutely  essential  to  the  upbuilding  of  our  public  school 
system;  since  the  weight  of  authority  favors  several  Normal  Schools  in 
the  State;  since  geography  and  transportation  facilities  segregate  South- 
ern Oregon  as  an  economic  and  educational  center;  since  the  Southern 
Oregon  Normal  School  with  scant  aid,  has  performed  a  good  work  and 
through  adversity  has  demonstrated  its  worthiness;  and  since  our  State 
is  entering  upon  an  epoch  of  large  growth  and  development,  in  which 
Southern    Oregon    largely    shares — we    ask    the    people   of   the   State   of 
Oregon  in  the  November  election  of  1910,  to  re-open  the  Southern  Oregon 
State  Normal  School  for  the  training  of  teachers  for  our  public  schools. 
ALUMNI  COMMITTEE  OF  S.  0.  NORMAL  SCHOOL. 
By  J.  P.  Wells,  Jacksonville;  C.  Stanley  Wood,  Klamath  Falls; 
Worth  Harvey,  Cottage  Grove.  ^ 


114  Pamphlet  Containing  Measures  to  be 

AN    AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

regular  general  election 

TO    BE    HELD 

On  the  Eighth  Day  of  November,  1910, 

TO  AMEND 

Section  35  of  Article  I 

By  initiative  petition  filed  in  the  office  of  the  Secretaiy  of  State,  July  2, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907- 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question   will   be 

printed  on  the  official  ballot: 


proposed  by  initiative  petition 


An  amendment  of  Section  35  of  Article  I  of  the  Con- 
stitution of  Oregon,  prohibiting  the  manufacture 
and  sale  of  intoxicating  liquor  and  the  traffic 
therein  within  the  State  of  Oregon,  on  and  after  the 
1st  day  of  July,  A.  D.  1911,  excepting  for  medicinal, 

.    scientific,  sacramental,  and  mechanical  purpo.ses.  Vote  YES  or  NO. 

342.  Yes. 

343.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910    115 


[On  Official  Ballot,  Nos.  342  and  343.] 

CONSTITUTIONAL   AMENDMENT. 

Section  35  of  Article  I  of  the  Constitution  of  the  State  of  Oregon  shall 
be,  and  hereby  is,  amended  to  read  as  follows: 

Article  I. 

Section  35.  The  manufacture  and  sale  of  intoxicating  liquor  and  the 
traffic  therein  is  hereby  prohibited  within  the  State  of  Oregon  on  and 
after  the  first  day  of  July,  A.  D.  1911,  except  for  medicinal,  scientific, 
sacramental,  and  mechanical  purposes.  The  existing  laws  for  procedure 
and  punishment  of  unlawful  sale,  possession  or  disposal  of  intoxicating 
liquor  shall  apply  to  any  violation  of  this  section  until  otherwise  provided 
by  law. 


116  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED  'BY 

OREGON   ANTI-SALOON   LEAGUE 
in  favor  of  the  measure  designated  on  the  official  ballot    as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


An  amendment  of  Section  35  of  Article  I  of  the  Con- 
stitution of  Oregon,  prohibiting  the  manufacture  and 
sale  of  intoxicating  liquor  and  the  traffic  therein 
■within  the  State  of  Oregon,  on  and  after  the  1st  day 
of  July,  A.  D.  1911,  excepting  for  medicinal,  scien- 
tific, sacramental,  and  mechanical   purposes.  Vote  YES  or  NO. 


342.  Yes. 


343.  No. 


ARGUMENT   FOR   PROHIBITION   AMENDMENT. 

WHY    PUT    PROHIBITION    INTO   OUR   STATE    CONSTITUTION? 

Because  the  saloon  is  a  disturber  of  pviblic  peace;  its  presence  fosters 
crime  and  political  corruption;  and  every  community  in  the  State  would 
be  better  off  morally,  politically  and  financially  by  its  banishment.        "" 

Because,  in  dealing  with  recognized  crimjs  and  great  public  evils 
prohibition  is  the  fundamental  principle  of  government,  belonging  in  the 
Constitution  and  should  not  be  left  to  meie  statutory  enactment. 

Because  the  efforts  of  good  citizens  should  be  concentrated  upon  law 
enforcement  and  not  divided  by  ceaseless  effoits  to  prevent  legislative 
repeals,  amendments  and  vetoes.  What  goes  into  the  Constitution  stands 
until  the  people  themselves  change  it. 

Because  our  present  local  option  law  is  aimed  at  the  saloon  and  the 
blind  pig;  but  the  center  of  the  evil  and  the  instigator  of  lawlessness  is 
the  organized  brewers  and  wholesale  dealers;  and  the  remedy  must  be 
permanent  and  state-wide. 

Hence  prohibition  should  go  into  the  Constitution,  and  we  need  a  lav/ 
passed  by  the  people  to  enforce  the  amendment,  embodying  all  provisions 
of  our  local  option  law,  made  state-wide,  and  certain  additional  provisions, 
which  experience  has  shown  to  be  needed  for  adequate  enforcement  of 
State  prohibition.  Two  measures  for  one  purpose;  a  constitutional 
amendment  and  a  bill  enacting  the  enforcing  law.    Vote  Prohibition  twice. 

OREGON    ANTI-SALOON   LEAGUE. 


Submitted  to  Voters  of  Oregon  November  8,  1910    117 

ARGUMENT 

(negative) 

,  SUBMITTED  (BY 

GREATER  OREGON  HOME  RULE  ASSOCIATION 
opposing  the  measure  designated  on  the  official  ballot    as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

An  amendment  of  Section  35  of  Article  I  of  the  Con- 
stitution of  Oregon,  prohibiting  the  manufacture 
and.^aale  of  intoxicating  liquor  and  the  traffic  therein 
within  the  State  of  Oregon,  on  and  after  the  1st 
day  of  July,  A.  D.  1911,  excepting  for  medicinal, 
scientific,  sacramental,  and  mechanical  -purposes.  Vote  YES  or  NO. 

342.  Yes. 

343.  No. 

ARGUMENT  AGAINST  PROHIBITION  AMENDMENT 

SUBMITTED   BY 

THE  GREATER  OREGON  HOME   RULE  ASSOCIATION. 

Prohibition  should  not  be  voted  into  the  Constitution.  To  do  so  would 
be  to  ignore  all  the  teachings  of  experience.  Within  the  past  year  con- « 
tests  on  this  question  in  Massachusetts,  Illinois,  Michigan,  Wisconsin, 
Colorado  and  Alabama,  have  resulted  in  an  emphatic  and  overwhelming 
defeat  for  prohibition.  Last  November  the  people  of  Alabama  rejected 
a  prohibition  constitutional  amendment  by  a  majority  of  over  26,000. 
The  prohibition  candidate  for  Governor  was  defeated  at  the  primaries 
in  May,  1910,  by  about  the  same  majority,  and  Senator  Bankhead,  anti- 
prohibitionist,  received  more  votes  than  his  two  opponnents  combined. 
The  dominant  party  there  now  declares  for  the  repeal  of  prohibition 
and  the  re-enactment  of  local  option.  The  Chicago  farce  is  fresh  in 
the  minds  of  everyone,  as  is  the  decisive  defeat  in  Denver,  where  65 
per  cent  of  the  women's  vote  was  cast  against  prohibition.  Oklahoma, 
where  prohibition  is  now  a  part  of  the  Constitution,  will  vote  on  the 
question  of  issuing  licenses,  in  November  or  earlier.  The  people  are 
fast  learning  that  prohibition  is  not  only  a  failure,  but  a  costly  one. 

Forty  thousand  voters  of  Oregon  have  signed  a  protest  against  state- 
wide prohibition,  and  more  are  protesting  every  day.  They  say  that 
the  existing  local  option  law  permits  each  community  to  settle  the 
question  for  itself,  and  that  they  do  not  propose  to  have  that  privilege 
taken  away  from  them. 

The  Oregon  Anti-Saloon  League  fathered  the  local  option  law.     They 


118  Pamphlet  Containing  Measures  to  be 

say  it  is  a  good  law,  but  they  are  trying  to  kill  it  by  state-wide  prohibi- 
tion. Apparently  their  salaried  officers  must  agitate  the  liquor  question, 
regardless  of  progress  and  promises.  The  well-meaning  but  credulous 
people  who  support  them,  in  the  belief  that  they  are  helping  the  cause 
ol'  temperance,  must  pay  the  bill  and  meet  disappointment  in  the  results 
obtained. 

Prohibition  must  be  judged  by  its  fruits.  In  Maine  it  has  been  a  part 
of  the  Constitution  for  nearly  sixty  years.  The  U.  S.  census  proves 
that  there  are  nearly  twice  as  many  arrests  for  drunkenness  in  propor- 
tion to  population  in  Portland,  Maine,  as  in  Portland,  Oregon.  The 
same  unquestionable  authority  shows  that  there  are  more  divorces  for 
di'unkenness  in  Maine  than  in  any  State  of  the  Union  except  one!  The 
average  number  of  divorces  for  drunkenness  in  Maine  is  fully  three  times 
the  average  for  the  whole  United  States.  Do  we  want  these  conditions 
in  Oregon? 

The  remedy  for  intemperance  is  education.  For  abuses  in  the  liquor 
traffic,  strict  and  vigorous  regulation.  All  experience  shows  unmis- 
takably that  prohibition  merely  increases  intemperance  and  takes  away 
control  of  the  traffic.  A  man  who  will  sell  liquor  illegally  will  sell  to 
anyone,  including  young  boys.  The  licensed  seller  who  sells  to  boys  loses 
his  license,  and  may  be  sent  to  prison. 

The  claim  made  in  the  argument  for  constitutional  prohibition,  that 
it  "embodies  all  provisions  of  the  local  option  law"  is  so  plainly  an  untruth 
that  anyone  can  see  through  it  instantly.  Constitutional  state-wide 
prohibition  robs  each  community  of  the  right  to  settle  this  question  itself. 
It  absolutely  kills  local  option. 

Let  us  insist  upon  enforcement  of  the  laws  we  have.  Let  parents, 
teachers  and  ministers  inculcate  temperance  in  the  young,  by  precept 
and  example.  In  that  way,  and  not  by  patching  police  regulations  onto 
the  Constitution,  will  we  approach  a  solution  of  this  question. 

And  let  us  turn  our  attention  and  energies  to  the  development  of  our 
resources,  the  betterment  of  our  schools,  the  improvement  of  our  roads, 
and  the  upbuilding  of  Oregon. 

Read  the  affirmative  argument  for  initiative  measure  No.  328  and 
negative  argument  for  initiative  measure  No.  344. 

Vote  "NO"  to  both  prohibition  bills. 

GREATER  OREGON  HOME  RULE  ASSOCIATION. 

OFFICERS. 
President — Herman  Wittenberg, 

Vice-Pres.  and  Mgr.  Pac.  Coast  Biscuit  Co. 
Vice-President — R.  D.  Inman, 

President  Inman-Poulsen  Co. 
Secretary — R.  W.  Schmeer, 

Cashier  U.  S.  National  Bank. 
Treasurer — Byron  P.  Reynolds,  farmer. 


Submitted  to  Voters  of  Oregon  November  8,  1910    119 


ADVISORY    BOARD. 


H.   Wittenberg. 
C.  K.  Henry,  Real  Estate. 
Alan  Welch  Smith,  Physician. 
Geo.  W.  Hoyt, 

Cashier  Merchants  Nat.  Bank. 


A.  H.  Devers, 

Pres.  Closset  &  Devers. 
J.  J.  Flynn,  Real  Estate. 

C.  A.  Whitemore, 

Pres.   Irwin-Hodson  Company. 

D.  Solis  Cohen,  Attorney. 


PUBLICITY   COMMITTEE. 


A.  L.  Mills,  Banker. 

H.  Wittenberg,  Manufacturer. 

J.  Frank  Watson,  Banker. 

Geo.  W.  Hoyt,  Banker. 

R.  W.  Schmeer,  Banker. 

R.  Lea  Barnes,  Banker. 

T.  D.  Honeyman,  Merchant. 

H.  W.  Scott,  Editor  Oregonian. 

E.  B.  Piper,  Mng.  Editor  Oregonian 

Alan  W.  Smith,  Physician. 

H.  F.  McKay,  Physician. 

Chas.  K.  Henry,  Real  Estate. 

J.  H.  Burgard,  Insurance. 

M.   FJeischner, 

Wholesale  Dry  Goods. 
H.  E.  Huggins, 

Mgr.  Fleischner  &  Mayer. 
G.  B.  Thomas,  Promoter. 
Fred  B.  Eaton,  Merchant. 
C.  W.  Hodson,  Real  Estate. 
Dwight  Edwards,  Merchant. 
J.  W.  Smith,  Manufacturer  Stoves. 
Sig  Sichel,  Merchant. 
Charles  Gauld.  Merchant. 


Jas.  Hilsop,  Merchant. 

B.  P.  Reynolds,  Farmer. 

A.  L.  Fish,  Business  Mgr.  Journai- 

G.  M.  Trowbridge,  Editor  Journal. 

A.  Feldenheimer,  Jeweler. 

D.  Solis  Cohen,  Attorney. 

F.  E.  Dooly,  Insurance. 

Leslie  M.  Scott,  Oregonian. 

J.  J.  Flynn,  Real  Estate. 

M.  C  Banfield,  Contractor. 

R.  D.  Inman,  Lumberman. 

H.  C.  Wortman,  Merchant, 

H.  W.  Hogue,  Attorney. 

M.  W.  Markewitz,  Merchant. 

O.  A.  Windfelder,  Com'l  Traveler. 

Chester  A.  Whitemore, 

Irwin-Hodson  Co. 
Harrison  Allen,  Attorney. 
W.  B.  Glafke,  Merchant. 
A.  W.  Whitmer,  Insurance. 
F.   W.  Isherwood, 

Mgr.    Bridge   &   Beadi. 
Seneca  Fouts,  Lawyer. 
J.  L.  Hartman,  Banker. 


EXTRACT    FROM    DECLARATION    OF    PRINCIPLES    AND    CONSTITUTION. 

"We  invite  all  citizens,  taxpayers,  merchants,  manufacturers,  business 
and  professional  men,  to  join  with  us  in  favoring  all  legitimate  means 
and  measures  for  the  advancement  of  the  agricultural,  industrial  and 
commercial  development  of  Oregon,  particularly  home  rule  for  incor- 
porated cities  and  towns,  and  opposing  all  sumptuary  legislation,  or 
movements  unnecessarily  interfering  with  commerce." 

"No  person,  firm  or  corporation  engaged  in  the  manufacture  or  sale 
of  intoxicating  liquors  shall  be  eligible  for  membership,  except  hotel  and 
innkeepers  whose  principal  occupation  is  the  serving  of  food  and  lodging 
to  gaests." 


120  Pamphlet  Containing  Measures  to  be 


A   BILL 

To   BE   submitted   to  THE   LEGAL  ELECTORS  OF   THE   STATE   OF 

Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  prohibit,  and  to  provide  methods 
and  procedure  for  the  prevention  and  suppression  of,  the  manufacture, 
sale,  possession,  exchange,  or  giving  away  of  intoxicating  liquor,  except 
for  specific  purposes;  the  traffic  therein,  and  the  giving,  soliciting, 
or  receiving  of  orders  or  payments  therefor,  except  by  authorized 
persons;  etc.. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  2, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General   Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form   and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 


PROPOSED    BY   initiative   PETITION 


A  bill  for  a  law  to  prohibit,  prevent,  and  suppress  the 
manufacture,  sale,  possession,  exchange,  or  giving 
away  of  intoxicating  liquors  within  the  State  of 
Oregon,  except  for  specific  purposes;  to  govern  the 
shipment  of  the  same,  declaring  what  is  intoxicating 
liquor  within  the  State  of  Oregon,  and  providing 
penalty  for  violations  of  the  act.  Vote  YES  or  NO. 


344.  Yes. 

.345.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910    121 

[On  Official  Ballot,  Nos.  344  and  345.] 

A  BILL 

To  propose  by  initiative  petition  a  law  to  prohibit,  and  to  provide  methods 
and  procedure  for  the  prevention  and  suppression  of,  the  manufacture, 
sale,  possession,  exchange,  or  giving  away  of  intoxicating  liquor,  except 
for  specific  purposes;  the  traffic  therein,  and  the  giving,  soliciting,  or 
receiving  of  orders  or  payments  therefor,  except  by  authorized  persons ; 
to  govern  the  shipment  of  intoxicating  liquor;  providing  compensation 
for  those  prevented  by  this  law  from  using  their  license  for  the  full 
time  for  which  they  had  paid;  declaring  certain  rules  of  evidence 
applicable  to  prosecutions  for  violation  of  the  laws  relating  to  intoxi- 
cating liquor;  providing  for  the  search,  seizure  and  destruction  of  in- 
toxicating liquor  and  unlawful  devices  in  certain  cases;  making  the  pos- 
session of  an  internal  revenue  special  tax  stamp  prima  facie  evidence 
of  intent  to  evade  or  violate  the  law;  declaring  what  is  intoxicating 
liquor  within  the  statutes  of  Oregon;  providing  penalties  for  violation 
of  the  provisions  of  this  law;  declaring  purchasers  competent  witnesses; 
and  setting  a  time  when  the  law  shall  become  effective  if  approved  bj 
the  people. 

Be  it  enacted  by  the  people  of  the  State  of  Oregon: 

Section  1.  No  person,  firm  or  association  of  persons  shall  manufac- 
ture, sell,  keep  for  sale,  or  exchange,  any  malt,  spirituous,  vinous,  or 
intoxicating  liquors,  or  give  away  the  same  with  intent  to  violate  or 
evade  the  laws  of  this  State  prohibiting  the  manufacture  and  traffic  in 
intoxicating  liquors,  except  as  hereinafter  provided. 

Section  2.  The  preceding  section  shall  not  be  so  construed  as  to 
prohibit  the  sale  of  pure  alcohol  for  scientific  and  manufacturing  pur- 
poses, or  wines  to  church  officials  for  sacramental  purposes,  nor  alcoholic 
stimulants  as  medicine  in  cases  of  actual  sickness,  but  such  stimulants 
shall  only  be  sold  upon  the  written  prescription  of  a  regular  practicing 
physician,  dated  and  signed  by  him,  and  certified,  on  his  honor,  that  he, 
the  physician,  has  personally  examined  the  applicant,  naming  him,  and 
that  he  finds  him  actually  sick,  and  in  need  of  the  stimulant  prescribed 
as  medicine;  provided,  that  a  physician  who  does  not  follow  the  practice 
of  medicine  as  a  principal  and  usual  calling  shall  not  be  authorized  to 
give  the  prescription  provided  for  in  this  section;  and  provided  further, 
that  no  person  shall  be  permitted  to  sell  more  than  once  on  the  pre- 
scription, nor  shall  any  person  be  permitted  to  sell  at  all  on  the  prescrip- 
tion of  a  physician  not  herein  authorized  to  give  it,  nor  on  a  prescription 
which  is  not  dated,  signed  and  certified  as  above  required;  provided, 
that  every  person  selling  such  stimulants  upon  the  prescription  herein 
provided  for  shall  cancel  such  prescription  by  endorsing  thereon  the 
word  "cancelled"  and  the  date  of  the  cancellation,  and  shall  file  the  same 


122  Pamphlet  Containing  Measures  to  be 

away.  Nothing  in  this  act  shall  be  construed  to  prevent  one  registered 
pharmacist  selling  such  alcoholic  liquors  to  another  registered  pharmacist. 
Section  3.  No  person,  firm  or  association  of  persons,  shall  offer  to 
any  carrier  for  shipment,  transportation  or  delivery,  any  intoxicating 
liquor,  from  a  place  to  a  place  both  within  the  State  of  Oregon,  nor  shall 
any  carrier,  acting  as  agent  for  the  buyer  oi  seller,  receive  from  or 
deliver  such  package  to  any  person,  firm  or  association  within  the  State 
«f  Oregon,  except  those  expressly  authorized  by  law  to  offer  or  receive 
the  same.  Every  package  of  intoxicating  liquor  shipped  or  delirered 
within  the  State  of  Oregon  shall  be  plainly  marked  on  the  outside  with 
the  name  and  address  of  the  consignor  and  the  consignee  and  an  accurate 
«lescription  of  its  contents  and  quantity.  Every  public  carrier  in  the 
State  of  Oregon  shall  keep  a  complete  record  at  the  office  of  receipt  and 
delivery  of  every  such  shipment  of  intoxicating  liquors,  giving  respec- 
tively the  date  of  receipt  and  delivery,  as  the  case  may  be,  contents  and 
quantity  of  shipment  and  the  name  and  address  of  the  consignor  and 
the  consignee.  Such  record  shall  be  a  public  record  open  to  the  inspec- 
tion of  any  person  at  any  time  without  fee  or  charge,  and  a  copy  of 
any  such  record,  or  any  part  thereof,  made  by  any  notary  public,  and 
certified  by  him  under  the  seal  of  his  office  to  be  a  true  copy,  shall  be 
competent  evidence  in  any  court  in  the  State  of  Oregon. 

Section  4.  It  is  hereby  made  the  duty  of  the  judges  of  the  Circuit 
Courts  of  the  several  judicial  districts  to  give  the  provisions  of  this  law 
in  charging  the  grand  juries,  and  it  shall  be  the  duty  of  the  grand  jury 
to  diligently  inquire  after  any  violations  of  the  provisions  of  this  law; 
and  it  is  made  the  special  duty  of  the  District  Attorney  to  file  or  have 
filed  a  complaint  in  the  Circuit  Court  of  any  county,  or  any  justice's 
court  therein,  against  all  houses  and  the  keepers  thereof,  used  for  the 
wianufacture,  sile,  exchange  or  gift,  for  purposes  of  evading  this  law, 
•f  any  kind  of  intoxicating  liquors  in  any  county,  or  in  any  town  in  this 
State  where  lo^al  devices  are  resorted  to  to  prevent  or  avoid  detection 
•f  the  keeper  tliereof,  and  upon  such  complaint  being  so  filed  describing 
a  place  wher<»  i.he  device  is  kept  or  suspected  of  being  kept,  and  the 
jiame  of  the  person  violating  this  law,  if  known,  said  Circuit  Judge 
•r  justice  of  the  peace,  or  other  magistrate,  shall  issue  his  warrant  com- 
inanding  any  sheriff  or  constable  to  search  such  place,  and  if  the  law 
is  being  violated,  to  arrest  the  person  or  persons  so  violating  the  law, 
and  it  shall  be  the  duty  of  the  sheriff  or  constable  of  the  county  wherein 
is  situated  any  such  place  or  house  where  such  a  device  is  kept,  for  the 
sale  or  exchange  of  intoxicating  liquors,  or  the  gift  of  the  same  for  the 
purpose  of  evading  this  law,  having  obtained  a  warrant  for  that 
purpose,  to  demand  admission  into  the  same,  and  upon  admittance  being 
refused,  the  sheriff  or  constable  is  hereby  authorized  and  required  by 
law  to  force  open  the  same,  and  arrest  and  hold  for  trial  before  the 
courts  all  such  persons  as  shall  violate  any  of  the  provisions  of  this 
law.  If  in  pursuance  of  any  search  by  command  of  any  legal  process, 
»«y  intoxicating  liquors  or  any  device  resorted  to  or  used  to  prevent  or 


Submitted  to  Voters  of  Oregon  November  8,  1910    123 

avoid  detection  in  the  unlawful  keeping  or  disposal  of  such  liquor  is 
found,  it  shall  be  the  duty  of  the  officers  finding  the  same  to  seize  any 
such  devices  and  all  intoxicating  liquors  so  found,  and  hold  and  present 
them  as  evidence  before  the  court,  and  to  arrest  and  present  before  the 
court  all  persons  found  so  unlawfully  keeping  or  disposing  of  intoxicat- 
ing liquors  and  of  such  devices.  If  any  person  or  persons  shall  be  found 
guilty  of  such  charge,  all  such  devices  and  liquors  found  in  their  posses- 
sion or  under  their  control  shall  be  destroyed  by  order  of  the  court.  It 
shall  be  the  duty  of  the  Judges  of  the  Circuit  Court  and  of  the  justices 
cf  the  peace  having  jurisdiction  in  the  premises  to  make  such  orders, 
and  of  District  Attorneys  and  of  the  court  to  rigidly  enforce  this  law. 

Section  5.  No  person,  firm  or  association  of  persons  shall  within  the 
State  of  Oregon  give,  solicit  or  receive  any  order  or  any  payment  as 
agents  of  either  the  buyer  or  the  seller  for  the  sale  or  delivery  of  any 
intoxicating  liquors  to  be  shipped  or  delivered  to  or  from  any  point 
within  the  State,  except  such  persons,  in  such  places,  as  are  authorized 
by  law  to  deal  in  intoxicating  liquors. 

Section  6.  The  issue  of  a  license  or  internal  revenue  special  tax  stamp 
by  the  Federal  Government  to  any  person,  firm  or  association  of  persons, 
other  than  those  authorized  by  the  laws  of  Oregon  for  the  sale  of  intoxi- 
cating liquors  shall  be  prima  facie  evidence  that  such  person  is  selling, 
exchanging  or  giving  away  intoxicating  liquors  with  intent  to  violate 
the  provisions  of  this  law. 

Section  7.  Any  person  convicted  of  violating  any  of  the  provisions 
of  this  law  or  of  the  laws  governing  the  sale  of  intoxicating  liquors  in 
this  State,  for  the  first  offense  shall  be  punished  by  a  fine  of  not  less 
than  fifty  nor  more  than  five  hundred  dollars,  or  by  imprisonment  in 
the  county  jail  for  not  less  than  ten  days  nor  more  than  sixty  days,  or 
by  both  such  fine  and  imprisonment;  if  any  person  shall  be  convicted  a 
second  time  for  violating  any  of  the  provisions  of  this  law,  such  person 
shall  be  punished  for  such  second  and  each  subsequent  violation  of  the 
law,  by  a  fine  of  not  less  than  fifty  dollars  nor  more  than  five  hundred 
dollars,  and  also  by  imprisonment  in  the  county  jail  for  not  less  than 
thirty  days  nor  more  than  six  months.  Justices  of  the  peace  shall  have 
concurrent  jurisdiction  with  the  circuit  court  in  all  violations  of  this  act. 

Section  8.  In  all  prosecutions  under  this  act,  by  indictment  or  other- 
wise, it  shall  not  be  necessary  to  state  the  kind  of  intoxicating  liquor 
sold,  nor  to  describe  the  place  where  sold;  nor  to  show  the  knowledge 
of  the  principal  to  convict  for  the  act  of  an  agent  or  servant;  and  in 
all  eases  the  persons  to  whom  intoxicating  liquors  shall  be  sold  in  violation 
of  this  act  shall  be  competent  witnesses. 

Section  9.  In  all  cases  where  any  person,  firm  or  association  of  per- 
sons pursuing  the  occupation  of  liquor  dealers,  under  license  issued  in 
accordance  with  the  present  laws  of  this  State,  or  by  any  municipality 
in  this  State,  are  prevented  from  pursuing  such  occupation  for  the  full 
time  to  which  he  or  they  would  be  otherwise  entitled,  by  reason  of  the 
repeal  or  amendment  of  any  law,  a  proportional  amount  of  taxes  paid 


124  Pamphlet  Containing  Measures  to  be 

by  him  or  them  for  the  unexpired  term  shall  be  refunded  by  the  town, 
city  or  county,  as  the  case  may  be. 

Section  10.  Any  liquor  that  is  in  fact  intoxicating,  and  any 
alcoholic  liquor  for  which  the  Federal  Government  now  requires  an 
internal  revenue  special  tax  stamp,  is  hereby  declared  to  be  intoxicating 
liquor  within  the  provisions  of  the  laws  of  Oregon. 

Section  11.  This  law  shall  be  in  effect  on  and  after  the  first  day  of 
July,  1911.  If  this  proposed  law  shall  be  approved  and  enacted  by  the 
people  of  Oregon,  the  title  of  this  bill  shall  stand  as  the  title  of  the  law. 

Section  12.  All  laws  and  parts  of  laws  in  conflict  with  the  provisions 
of  this  law  are  hereby  repealed. 


Submitted  to  Voters  of  Oregon  November  8,  1910    125 

ARGUMENT 

(affirmative) 

SUBMITTED   BY 

OREGON   ANTI-SALOON   LEAGUE 
in  iitvor  of  the  measure  designated  on  the  official  ballot  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  a  law  to  prohibit,  prevent,  and  suppress  the 
manufacture,  sale,  possession,  exchange,  or  giving 
away  of  intoxicating  liquors  within  the  State  of 
Oregon,  except  for  specific  puroses;  to  govern  the 
shipment  of  the  same,  declaring  what  is  intoxicating 
liquor   within   the   State   of   Oregon,   and    providing 


penalty  for  violations  of  the  act. 

Vote  Yl 

5S  or  NO. 

344.           Yes. 

345.           No, 

ARGUMENT   FOR  THE   PROHIBITION   LAW. 

In  proposing  the  abolition  of  the  liquor  traffic  throughout  the  State  of 
Oregon,  we  present  no  new  or  untried  principle  of  legislation.  All 
criminal  laws  are  prohibitive  in  their  character.  The  right  to  prohibit, 
the  duty  of  preventing  those  acts  by  which  man  injures  his  fellow,  have 
been  recognized  from  the  earliest  dawn  of  civilization.  Those  acts 
wherein  one  is  the  aggressor  and  the  other  the  unwilling  victim  are 
forbidden  by  every  code.  But  modern  law  has  gone  a  step  further. 
It  recognizes  the  rights  of  the  innocent  bystander. 

Even  acts  to  which  both  parties  are  agreed  may  be  forbidden  if  the 
public  interest  requii-es  it.  This  is  illustrated  by  the  laws  prohibiting 
gambling,  duelling,  and  the  Louisiana  lottery.  Both  buyer  and  seller 
of  lotteiy  tickets  claim  their  transaction  is  their  own  bvisiness  and  no  one's 
else,  but  the  law  steps  in  and  says  "Not  so;  the  lottery  corrupts  public 
morals  and  injures  legitimate  business." 

So  with  the  liquor  traffic.  The  public  interest  demands  its  prohibition, 
not  for  the  benefit  of  either  buyer  or  seller,  but  solely  for  the  public 
good. 

With  the  individual  act  of  drinking,  this  law  has  nothing  to  do.  Each 
man  will  regulate  that  for  himself.  The  act  of  selling,  involving  as  it 
does,  the  relation  of  two  or  more  persons,  may  properly  be  regulated 
or  restricted  in  any  way  that  may  seem  beneficial  to  tiie  public,  even  to 


126  Pamphlet  Containing  Measures  to  be 

the  extent  of  forbidding  it  entirely.  This  principle  has  been  repeatedly 
set  forth  by  the  United  States  Supreme  Court.  All  liquor  legislation  is 
based  upon  it.  The  right  to  license  or  restrict  carries  with  it  the  right 
to  prohibit. 

To  show  how  completely  the  license  restriction  has  failed,  it  is  only 
necessary  to  reflect  that  all  we  now  know  of  the  evils  of  the  saloon  has 
been  learned  under  that  system. 

There  is  no  middle  ground  for  the  license  system  to  stand  on.  Either 
the  saloon  is  a  good  thing  and  ought  to  be  treated  like  any  other  business, 
or,  it  is  a  bad  thing  and  ought  to  be  put  out  of  business. 

LABOR   EMPLOYED, 

It  may  be  said  that  a  great  amount  of  capital  is  invested  in  the  liquor 
business,  and  an  army  of  men  employed  whom  prohibition  would  throw 
out  of  employment.  The  Census  Bulletin  of  Manufactures  for  1905  says 
that  there  are  $2,138,000  invested  in  the  breweries  of  Oregon,  and  203 
men,  including  managers  and  owners,  are  employed.  That  makes  one 
man  for  every  $10,532  capital.  At  the  same  time  there  was  $419,000 
ijivested  in  the  butter  and  cheese  business,  employing  232  men,  or 
one  man  for  every  $1,806.  In  other  words,  if  the  capital  now  invested 
in  the  breweries  were  withdrawn  and  put  to  making  cheese,  it  would 
furnish  work  for  981  more  men  than  it  now  employs.  No  one  of  the 
other  great  industries  of  the  country  employs  less  than  three  times 
the  number  of  men  employed  by  the  breweries,  in  proportion  to  the 
capital  invested.    The  average  is  nearly  six  times  as  many. 

REVENUE. 

The  liquor  advocates  claim  that  we  cannot  get  along  without  the 
revenue  from  the  saloon.  In  1909  Multnomah  county  and  Portland 
received  from  the  saloons  $334,000,  or  $1.34  per  capita.  In  order  to 
get  this  the  people  had  to  spend  $4,800,000,  or  $19.22  each,  the  national 
per  capita.  The  saloon's  commission  for  collecting  the  taxes  seems  too 
large. 

Upon  the  basis  of  the  "Roosevelt  Home's  Commission"  investigation 
of  the  percentage  of  crime,  pauperism  and  insanity  attributable  to  liquor, 
and  upon  Portland's  proportion  of  the  State  population  and  the  cost  of 
maintaining  courts,  sheriffs,  jail,  police,  asylums,  etc.,  the  burden  to 
the  taxpayer  of  Portland  is  much  larger  than  the  receipts  from  the 
traffic,  and  to  the  rest  of  the  State  much  larger  than  to  Portland.  In 
fact,  property  outside  incorporated  towns  pays  an  equal  share  of  this 
burdcH,  except  police  service,  and  receives  no  portion  of  the  revenue. 
The  traffic  does  not  nearly  pay  its  direct  expenses  to  the  taxpayer. 

LOCAL  OPTION. 

Under  this  system  in  our  State  the  sale  of  liquor  has  been  prohibited 
ia  every  precinct  or  county  where  a  majority  \oted  against  it.  It  per- 
mits a  local  prohibition,  limited  in  extent,  also  in  quality,  since  it  does 
rot  affect  the  manufacture,  nor  can  it  prevent  the  delivery  of  liquors, 
even  where  the  sale  is  forbidden.     In  spite  of  these  limitations  it  has 


Submitted  to  Voters  of  Oregon  November  8,  1910    127 

worked  a  great  amount  of  good.  It  has  demonstrated  beyond  question 
that  saloons  are  not  necessary  to  prosperity,  and  that  their  absence 
reduces  rather  than  increases  taxes. 

But  the  situation  has  changed  since  local  option  was  instituted.  Then 
the  temperance  people  wanted  it  because  all  the  State  was  wet  and  local 
option  would  enable  them  to  make  some  of  it  dry.  Now  the  liquor  men 
want  it  because  they  see  the  whole  State  about  to  go  dry,  and  local  option 
will  enable  them  to  keep  some  of  it  wet. 

STATE   PROHIBITION. 

This  brings  us  to  the  next  great  forward  step  in  anti-liquor  legislation. 
This,  all  students  of  the  question  agree,  must  be  taken  as  the  only  step 
which  offers  a  permanent  hope  of  solution:     State  Prohibition. 

The  State  is  the  unit  of  sovereignty  in  the  American  system  of  gov- 
ernment. The  evils  of  Rum  Rule  are  not  local.  The  blessings  that  have 
attended  the  dry  counties  should  now  be  extended  to  all  the  State.  What 
ir  wrong  in  one  part  of  the  State  cannot  be  right  in  another. 

The  cities  are  a  part  of  the  State.  The  sons  and  daughters  of  the 
farmers  and  townsmen  must  come  to  the  cities  to  study  and  to  settle. 
It  is  a  matter  of  vital  concern  to  every  family  in  Oregon  that  moral 
conditions  shall  prevail  in  our  metropolis,  our  State  Capital,  our  college 
towns,  and  other  cities.* 

Many  of  the  difficulties  which  interfere  with  the  enforcement  of  pre- 
cinct and  county  prohibition  under  the  local  option  law,  or  with  the 
saloon  restriction  under  the  license  laws,  will  disappear  under  State 
prohibition.  No  crime  is  more  difficult  to  detect  than  the  illegal  sale  of 
liquor  where  the  legal  sale  exists. 

Booze  bought  in  a  blind  pig  produces  exactly  the  same  effects  as  that 
purchased  in  the  licensed  saloons.  No  crime  is  easier  to  detect  than  the 
illegal  sale  of  liquor,  where  there  is  no  legal  sale.  Sight,  smell  and 
hearing  combine  to  inform  the  public  that  the  law  is  being  violated. 

The  liquor  men  proudly  claim  that  they  will  violate  this  law;  but  the 
government  record  shows  992  tax  receipts  for  the  sale  of  liquor  in  Port- 
land, while  the  city  licenses  only  502.  The  San  Francisco  Examiner 
states  there  are  1,600  blind  pigs  in  San  Francisco;  and  it  is  a  fact  that 
wherever  liquors  are  licensed  there  are  many  more  blind  pigs  than  in 
dry  territory. 

The  proposed  prohibition  law  has  been  drawn  after  a  careful  study 
of  the  situation  from  every  point  of  view.  The  main  provisions  of  the 
local  option  law  are  incorporated  in  it,  with  their  scope  extended  to  in- 
clude the  manufacture  as  well  as  the  sale.  There  will  be  no  restriction 
placed  upon  the  use  of  liquor  beyond  what  is  absolutely  required  tx> 
prevent  the  violations  of  the  law.  No  man  endeavoring  to  obey  the  law 
in  good  faith  will  have  any  cause  to  complain  of  its  provisions. 

This  proposed  law  accompanies  the  constitutional  amendment  No.  342; 
and  is  needed  to  enforce  its  provisions. 

VOTE  PROHIBITION  TWICE. 

OREGON  ANTI-SALOON  LEAGUE. 


128  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED   BY 

GREATER  OREGON  HOME  RULE  ASSOCIATION 
opposing  the  measure  designated  on  the  official  ballot  as  follows; 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  prohibit,  prevent,  and  suppress  the 
manufacture,  sale,  possession,  exchange,  or  giving 
away  of  intoxicating  liquors  within  the  State  of 
Oregon,  except  for  specific  purposes;  to  govern  the 
shipment  of  the  same,  declaring  what  is  intoxicating 
liquor  within  the  State  of  Oregon,  and  providing 
penalty  for  violations  of  the  act.  Vote  YES  or  NO. 

344^  Yes^ 

345!  No! 


ARGUMENT   AGAINST    FROHIBITilON   LAW 

SUBMITTED   BY 

GREATER  OREGON  HOME  RULE  ASSOCIATION. 
To  the  Voters  of  Oregon: 

If  prohibition  were  a  real  remedy  for  the  evils  of  intemperance,  or 
even  lessened  them,  nothing  on  earth  could  prevent  its  being  the  law, 
not  only  of  the  State  but  of  the  Nation.  But  prohibition  has  been  dis- 
carded as  an  utter  failure,  after  earnest  and  diligent  trial,  by  the  prp- 
gressive  States  of  the  Union.  It  has  only  been  newly  accepted  in  the 
South,  where  half  the  population  are  negroes,  and  there  the  people  are 
now  weary  of  its  futility  and  hypocrisy.  Already  Alabama  has  declared 
for  its  repeal  and  the  re-enactment  of  local  option,  by  26,000  majority. 

It  is  not  only  that  prohibition  injures  the  material  and  social  develop- 
ment of  a  state;  not  only  because  it  throws  men  out  of  work,  and  lowers 
property  values;  not  only  because  it  increases  taxes  and  increases  drunk- 
enness, that  we  oppose  it.  Prohibition  must  be  defeated  in  Oregon 
because  it  is  morally  WRONG.  It  is  a  curse  to  good  government.  It 
makes  a  by-word  and  a  joke  of  the  law- — but  it  is  a  terrible  joke.  Morals 
cannot  be  high,  and  government  cannot  be  clean,  where  half  the  people 
are  pex'fectly  willing  to  violate  the  law,  and  to  commit  perjury  when 
brought  to  task  for  it.  The  every-day  hypocrisy  becomes  plain  to  all 
men,  and  causes  an  increasing  contempt  for  all  law.  We  ask  the  voters 
of  Oregon — is  a  law  which  is  voted  for  by  every  bootlegger,  which 
makes  lawbreakers  of  millions  of  decent  men  throughout  our  country, 
and  which  has  never,  anywhere,  risen  above  the  dignity  of  an  ugly  farce, 
an  improvement  of  moral  conditions? 

The  Anti-Saloon  League  passed  the  existing  local  option  law.     They 


Submitted  to  Voters  of  Oregon  November  8, 1910    129 

then  said:  "It  puts  into  effect  the  American  doctrine  of  home  rule.  You 
should  vote  for  it  because  it  concedes  the  right  of  the  majority  to  rule. 
It  gives  you  local  self-government."  Yet  today  they  are  themselves  seek- 
ing to  kill  that  very  law  by  enacting  state-wide  prohibition!  They  7iow 
say  their  new  law  "Has  nothing  to  do  with  the  individual  act  of  drinking," 
and  that  "Each  man  will  regulate  that  for  himself."  But  their  law  says 
it  is  a  crime  to  have  a  jug  of  cider  or  a  bottle  of  beer  in  your  house,  or 
to  give  it  away,  and  if  you  are  suspected  of  having  it  in  your  home,  or 
giving  it  to  a  guest,  upon  complaint  of  a  spiteful  neighbor  or  enemy 
your  home  may  he  broken  into,  your  wife's  and  daughter's  rooms  invaded, 
and  their  trunks  and  clothes-closets  emptied  onto  the  floor  in  search 
for  liquor.    Think  of  this  in  Oregon! 

The  claim  that  state-wide  prohibition  is  needed  because  liquor  is  now 
shipped  from  "wet"  into  "dry"  counties  is  a  mere  begging  of  the  ques- 
tion. They  cannot  deny  that  under  state-wide  prohibition  Washington, 
California  and  other  states  could  ship  liquor  into  Oregon  under  the 
interstate  commerce  law.  We  should  gain  nothing  in  temperance,  and 
simply  be  drained  of  an  enormous  sum  of  cash  by  neighboring  states. 
This  would  not  be  too  heavy  a  price  to  pay  if  intempai-ance  were  lessened, 
but  it  is  a  fact,  recorded  in  the  United  States  Government  statistics,  that 
prohibition  merely  increases  intemperance.  The  official  organ  of  the 
Anti-Saloon  League  says :  "In  the  past  fifteen  years,  thii-ty-eight  million 
people  in  the  United  States  have  been  placed  under  one  form  or  another  of 
prohibition."  What  has  been  the  effect  upon  the  consumption  of  liquor? 
The  Anti-Saloon  League  does  not  tell.  But  the  United  States  internal 
revenue  repoi'ts  do  tell.  They  prove  that  in  these  fifteen  years  of  pro- 
hibition the  per  capita  consumption  of  whisky  in  the  United  States  has 
increased  over  50  per  cent,  and  the  per  capita  consumption  of  beer  has 
increased  over  46  per  cent.  Think  what  this  means!  Thirty-eight  million 
people  are  today  drinking  illegally  50  per  cent  more  than  they  drank 
legally!  Nothing  could  better  illustrate  the  immorality,  the  dishonesty, 
and  the  hypocrisy  which  prohibition  is  breeding  in  America. 

We  do  not  need  more  laws.  We  need  better  enforcement  of  existing 
laws. 

The  liquor  traffic  should  continue  to  bear  its  just  share  of  the  burdens 
of  government.  That  share  now  pays  one-third  of  all  the  expenses  of  the 
Federal  Government.  Without  that  one-third,  the  government  tvould 
have  to  stop  the  rural  free  delivery  of  m,ail  to  farmers.  In  Portland,  the 
license  revenue  pays  the  cost  of  the  police  and  fire  departments.  Prohi- 
bition brings  small  consolation  to  farmers  and  dwellers  in  cities. 

We  are  inviting  homeseekers  to  come  to  Oregon  and  help  us  develop 
our  resources.  Men  of  enterprise,  of  spirit. and  character,  will  not  come 
to  a  state  where  they  can  only  live  as  hypocrites  arid  semi-criminals,  and 
be  reduced  by  law  to  the  level  of  a  beast,  which  must  have  a  master  to 
control  its  appetites  because  it  cannot  control  them  itself. 

The  pioneers  who  braved  desert,  wilderness,  and  savage  tribes  and 
made  Oregon's  development  possible,  never  knew  such  doctrine  as  pro-^ 
5— 


130 


Pamphlet  Containing  Measures  to  be 


hibition.     Their   sons,   who   are   extending   that   development,   will   not 
endorse  it. 

Read  the  affirmative  argument  for  initiative  measure  No.  328;   also 
argument  against  bill  No.  342. 

Prohibition  is  a  step  backtvard, 

Oregon  is  going  fortvard,  not  backward. 

Vote  "NO"  to  both  prohibition  bills. 

Vote  it  down  hard. 

GREATER  OREGON  HOME  RULE  ASSOCIATION. 

OFFICERS. 
President — Herman  Wittenberg, 

Vice-Pres.  and  Mgr.  Pac.  Coast  Biscuit  Co. 
Vice-President — R.  D.  Inman,  Pres.  Inman-Poulsen  Co. 
Secretary — R.   W.   Schmeer, 

Cashier  U.  S.  National  Bank. 
Vice-President — R.  D.  Inman,  Pres.  Inman-Poulsen  Co. 
Treasurer — Byron  P.  Reynolds,  farmer. 


H.  Wittenberg. 
C.  K.  Henry,  Real  Estate. 
Alan  Welch  Smith,  Physician. 
Geo.  W.  Hoyt, 

Cashier  Merchants  Nat'l  Bank. 


A.  L.  Mills,  Banker. 

H.  Wittenberg,  Manufacturer. 

J.  Frank  Watson,  Banker. 

Geo.  W.  Hoyt,  Banker. 

R.  W.  Schmeer,  Banker. 

R.  Lea  Barnes,  Banker. 

T.  D.  Honeyman,  Merchant. 

H.  W.  Scott,  Editor  Oregonian. 

E.  B.  Piper,  Mng.  Editor  Oregonian, 

Alan  W.  Smith,  Physician. 

H.  F.  McKay,  Physician. 

Chas.  K.  Henry,  Real  Estate. 

J.  H.  Burgard,  Insurance. 

M.   Fleischner, 

Wholesale    Dry    Goods. 
H.  E.   Huggins, 

Mgr.   Fleischner  &  Mayer. 
G.  B.  Thomas,  Promoter. 
Fred  B.  Eaton,  Merchant. 
C.  W.  Horlson,  Real  Estate. 


ADVISORY  BOARD. 

A.  H.  Devers, 
Pres.   Closset  &   Devers. 

J.  J.  Flynn,  Real  Estate. 

C.  A.  Whitemore, 
Pres.  Irwin-Hodson  Company. 

D.  Soils  Cohen,  Attorney. 

PUBLICITY  COMMITTEE. 

Dwight  Edwards,  Merchant. 

J.  W.  Smith,  Manufacture  Stoyes. 

Sig  Sichel,  Merchant. 

Charles  Gauld,  Merchant. 
Jas.  Hilsop,  Merchant. 

B.  P.  Reynolds,  Farmer. 

A.  L.  Fish,  Business  Mgr.  Journal. 

G.  M.  Trowbridge,  Editor  Journal. 

A.  Feldenheimer,  Jeweler. 

D.  Soils  Cohen,  Attorney. 

F.  E.  Dooly,  Insurance. 

Leslie  M.  Scott,  Oregonian. 

J.  J.  Flynn,  Real  Estate. 

M.  C.  Banfield,  Contractor. 

R.  D.  Inman,  Lumberman. 

H.  C.  V/ortman,  Merchant. 

H.  W.  Hogue,  Attorney. 

M.  W.  Markewitz,  Merchant. 

O.  A.  Windfelder,  Com'l  Traveler. 


Submitted  to  Voters  of  Oregon  November  8, 1910  131 

Chester  A.  Whitemore,  A.  W.  Whitmer,  Insurance. 

Irwin-Hodson   Company.      F.  W.  Isherwood, 

Mgr.  Bridge  &  Beach. 
Harrison  Allen,  Attorney.  g^^^^^  p^^^^^  Lawyer. 

W.  B,  Glafke,  Merchant.  J.  L.  Hartman,  Banker. 

EXTRACT  FROM   DECLARATION   OF   PRINCIPLES  AND  CONSTITUTION. 

"We  invite  all  citizens,  taxpayers,  merchants,  manufacturers,  business 
and  professional  men,  to  join  with  us  in  favoring  all  legitimate  means 
and  measures  for  the  advancement  of  the  agricultural,  industrial  and 
commercial  development  of  Oregon,  particularly  home  rule  for  incorpo- 
lated  cities  and  towns,  and  opposing  all  sumptuary  legislation,  or  move- 
ments unnecessarily  interfering  with  commerce. 

"No  person,  firm  or  corporation  engaged  in  the  manufacture  or  sale 
of  intoxicating  liquors  shall  be  eligible  for  membership,  except  hotel  and 
inn-keepers  whose  principal  occupation  is  the  serving  of  food  and  lodging 
lo  guests." 


132  Pamphlet  Containing  Measures  to  be 


A   BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  creating  and  appointing  a  Board 
of  Commissioners  to  examine  and  report  to  the  legislature  upon  the 
matter  of  indemnity  to  employees  for  injuries  sustained  in  course  of 
their  emplojonent;  to  define  the  duties  and  powers  of  said  commis- 
sioners, and  making  an  approriation  to  provide  for  the  expenses  of 
such  board. 

An  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  5, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Lav/s  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will^  be 

submitted  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


A  bill  for  an  act  creating  a  Board  of  Commissioners 
of  nine  members  to  examine  the  subject  of  employees' 
indemnity  for  injuries  sustained  in  the  course  of  their 
employment,  and  to  prepare  a  measure  to  be  pre- 
sented to  the  legislature  governing  the  same,  and 
report  to  the  Governor  of  the  State  on  or  before  the 
1st  day  of  February,  1911,  and  appropriating  $1,000 
for  the  purposes  of  the  act.  Vote  YES  or  NO. 

346.  Yes. 

347.  No. 


Submitted  to  Voters  of  Oregon  November  8, 1910    13 


o 


[On  Official  Ballot,  Nos.  346  and  347.] 

AN  ACT 

Creating  and  appointing  a  Board  of  Commissioners  to  examine  and  report 
to  the  legislature  upon  the  matter  of  indemnity  to  employees  for  in- 
juries sustained  in  course  of  their  employment;  to  define  the  duties 
and  powers  of  said  commissioners,  and  making  an  appropriation  to 
provide  for  the  expenses  of  such  board. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  a  Board  of  Commissioners  consisting  of  nine  (9) 
members  be  and  the  same  is  hereby  created  to  be  known  as  the  "Em- 
ployees Indemnity  Commission."  That  the  following  named  citizens  of 
the  State  of  Oregon  be  and  they  are  hereby  appointed  as  members  of 
said  commission:  Bishop  Charles  Scadding,  Archbishop  Alexander 
Christie,  Judge  Thos.  F.  Ryan,  Robert  D.  Inman,  W.  H.  Corbett,  Rev. 
Benj.  Young,  Prof.  F.  G.  Young,  Robert  A.  Booth,  Jno.  S.  Bradley. 
That  in  the  event  of  the  death,  failure  or  refusal  to  act  of  any  of  said 
commissioners,  either  before  or  after  the  taking  effect  of  this  act,  any 
such  vacancy  or  vacancies  shall  be  filled  by  appointment  or  appointments 
to  be  made  by  the  Governor,  Chief  Justice  of  the  Supreme  Court,  and  the 
State  Treasurer. 

Section  2.  Said  Employees  Indemnity  Commission  shall  meet  in  the 
office  of  the  Secretary  of  State  on  the  14th  day  of  November,  1910,  at 
the  hour  of  twelve  o'clock  M.,  and  shall  organize  by  the  election  of  one  of 
their  number  chairman.  Before  entering  upon  the  duties  of  their  office, 
each  member  of  said  board  shall  take  and  subscribe  an  oath  before  the 
Secretary  of  State  that  he  will  support  the  Constitution  of  the  United 
States,  the  Constitution  of  the  State  of  Oregon,  and  faithfully  and  im- 
partially perform  the  duties  of  his  office. 

Section  3.  Said  Employees  Indemnity  Commission  shall  have  power 
to  appoint  one  clerk,  who  shall  act  as  secretary  for  said  board. 

Section  4.  It  shall  be  the  duty  of  the  said  board  to  examine  the  subject 
of  employees'  indemnity  for  injuries  sustained  in  the  course  of  their 
employment,  and  to  make  and  repoi't  to  the  legislature  a  comprehensive 
law  or  system  of  laws  treating  of  the  subject  of  indemnity  to  employees 
for  injuries  sustained  during  the  course  of  their  employment,  which  law 
or  system  of  laws  shall  be  based  upon  the  principle  that  all  employees 
covei-ed  by  the  provisions  thereof  shall  be  entitled  to  and  shall  be  assured 
of  fair,  equitable,  and  reasonable  indemnity  for  all  injuries  causing  tem- 
porary, permanent,  partial,  or  total  disability,  and  that  such  indemnity 
be  extended  to  persons  legally  dependent  upon  such  employees  in  the 
event  of  death  resulting  from  such  injuries.  That  any  such  employee, 
or,  in  the  event  of  death,  the  dependents  of  any  such  employee,  shall  be 
entitled  to  and  assured  of  such  indemnity  for  all  such  injuries  sustained 


134  Pamphlet  Containing  Measures  to  be 

in  the  course  of  employment  occasioned  in  any  manner,  excepting  only 
injuries  intentionally  self-inflicted. 

Section  5.  Said  Employees  Indemnity  Commission  shall  continue  in 
session  until  its  labors  are  completed;  shall  adopt  rules  and  regulations 
for  its  government  and  adjournment,  provided,  said  board  shall  com- 
plete its  labors  and  make  and  submit  its  report  to  the  Governor  of  the 
State  of  Oregon  on  or  before  the  first  day  of  February,  1911. 

Section  6.  Said  Employees  Indemnity  Commission  shall  keep  a  com- 
plete journal  of  its  proceedings  and  when  its  labors  are  completed,  it 
shall  submit  its  report  to  the  Governor,  with  such  drafts  of  proposed 
laws  as  shall  be  formulated,  adopted  and  recommended  by  it. 

Section  7.  It  shall  be  the  duty  of  the  Governor  to  cause  a  copy  of  the 
report  of  the  said  commission,  together  with  such  drafts  of  proposed  laws, 
to  be  presented  to  the  Legislative  Assembly  on  or  before  the  fifth  day  of 
February,  1911. 

Section  8.  None  of  the  members  of  said  commission  shall  receive  any 
compensation  for  his  services  as  such.  Said  Emloyees  Indemnity  Com- 
mission shall  fix  the  salary  and  compensation  of  the  clerk  of  said  commis- 
sion, which  shall  be  payable  monthly  during  the  time  of  his  employment, 
and  the  Secretary  of  State  is  hereby  authorized  to  draw  warrants  upon 
the  State  Treasurer  for  the  compensation  of  the  said  clerk  and  other 
expenses  of  the  commission,  upon  the  certificate  of  the  chairman  of  the 
said  Employees  Indemnity  Commission. 

Section  9.  The  Secretaiy  of  State  shall  provide  said  Employees  In- 
demnity Commission  with  a  room  in  the  State  Capitol  building  and  shall 
furnish  all  necessary  printing,  stationery,  lights  and  fuel  for  the  use  of 
said  commission;  provided,  said  commission  may,  if  deemed  advantageous, 
from  time  to  time,  hold  sessions  at  other  places  in  this  State. 

Section  10.  That  there  be  and  hereby  is  appropriated  out  of  the  gen- 
eral fund  of  the  State  of  Oregon,  the  sum  of  One  Thousand  ($1,000.00) 
Dollars,  or  so  much  thereof  as  may  be  necessary  to  carry  this  act  into 
effect. 


Submitted  to  Voters  of  Oregon  November  8, 1910  135 

ARGUMENT    (negative) 

SUBMITTED   BT 

OREGON  FEDERATION  OF  LABOR 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  an  act  creating  a  Board  of  Commissioners,  of  nine 
members  to  examine  the  subject  of  employees'  indemnity 
for  injuries  sustained  in  the  course  of  their  employment, 
and  to  prepare  a  measure  to  be  presented  to  the  legislature 
governing  the  same,  and  report  to  the  Governor  of  the 
State    on    or    before    the    1st    day    of    February,    liJll,    and 


appropriating   $1,000   for  purposes  of  the  act. 

Vote  YES  or  NO. 

346.             Yes. 

34-7.             No. 

ARGUMENT  AGAINST  BILL. 

This  act  is  unnecessaiy.  Its  sole  purpose  is  to  create  a  board  which 
shall  make  a  report  to  the  legislature  on  the  subject  of  indemnity  to 
employees  for  injuries  sustained  in  the  course  of  their  employment,  and 
to  report  to  the  legislature  a  comprehensive  law,  or  system  of  law,  treat- 
ing of  the  subject  of  indemnity  to  employees  for  injuries  sustained  during 
the  course  of  their  employment. 

The  legislature  of  New  York  appointed  such  a  commission  which,  after 
the  most  complete  and  elaborate  examination  of  the  subject  known,  has 
made  its  report  to  the  legislature  of  New  York,  which  may  be  had  in 
two  printed  volumes,  on  application,  so  that  if  information  is  all  that 
is  wanted,  or  if  the  model  of  an  employers'  indemnity  law  is  wanted,  it 
can  be  easily  had. 

If  an  Oregon  commission  is  desired  to  pursue  a  subject  already  ex- 
hausted by  the  New  York  commission  whose  work  is  universally  recog- 
nized as  authority,  then  the  Governor  can  appoint  such  a  commission 
to  make  a  report,  or  the  legislature  could  appoint  a  commission.  The 
last  legislature  could  have  appointed  such  a  commission  and  would  have 
done  so  but  every  move  in  the  direction  of  indemnity  to  employees  was 
blocked  by  the  lobby  of  this  very  Employers'  Association  that  now  sees 
fit  to  put  forward  this  bill  by  the  initiative.  By  its  very  terms  no  report 
is  expected  before  the  first  of  next  February,  and  not  even  a  draft  of  a 
law  need  be  filed  before  the  5th  of  February;  that  is  to  say,  only  two 
weeks  before  the  expiration  of  the  session,  so  that  no  real  relief  is  prob- 
able or  expected  from  this  commission. 

It  is,  in  our  opinion,  a  mere  pretext,  or  blind,  intended  to  head  off  the 
law  proposed  by  the  initiative  at  this  election  in  favor  of  employees 
engaged  in  hazardous  occupations,  which  is  the  very  law  the  Employers' 
Association  (the  promoters  of  this  commission  bill)  defeated  at  the  last 
legislature,  and  then  and  there  would  have  been  the  time  for  them  to 
have  asked  the  legislature  for  a  commission  to  report  on  the  matter,  had 
they  been  in  good  faith. 

For  further  on  this  subject  see  the  affirmative  argument  in  favor  of 
the  bill  for  the  protection  of  persons  engaged  in  hazardous  occupations. 

OREGON  FEDERATION  OF  LABOR.. 


136  Pamphlet  Containing  Measures  to  be 


A   BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  protect  fish  in  Rogue  River,  to 

punish   those  who  violate  this  act  and  to  repeal 

all  laws  in  conflict  herewith. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  5, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number   in  which  the  question  will  be 

printed  on  the  official  ballot: 

■ ' — T " 

PROPOSED  BY  initiative  PETITION 


A  bill  for  an  act  prohibiting  the  taking  of  fish  from  the 
waters  of  Rogue  River,  or  of  any  of  its  tributaries, 
by  any  means,  except  with  hook  and  line,  commonly 
called  angling.  Vote  YES  or  NO. 


348.  Yes. 

349.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910  137 


[On  Official  Ballot,  Nos.  348  and  319.] 

A  BILL 

For  an  act  to  protect  fish  in  Rogue  River,  to  punish  those  who  violate 
this  act  and  to  repeal  all  laws  in  conflict  herewith. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  It  shall  be  unlawful  for  any  person  to  take  or  attempt  to 
take  any  fish  of  any  kind  whatsoever  from  the  waters  of  Rogue  River 
or  of  any  of  its  tributaries  with  a  seine,  net,  trap,  fish-wheel  or  by  any 
other  means  except  with  hook  and  line,  commonly  called  angling. 

Section  2.  Any  person  violating  any  provision  of  this  act  shall,  upon 
conviction,  be  punished  by  fine  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars,  or  by  imprisonment  not  less  than  thirty  days  mor 
more  than  six  months  in  the  county  jail,  or  by  both  such  fine  and 
imprisonment. 

Section  3.  All  laws  and  parts  of  laws,  general  or  special,  in  conflict 
with  this  act  are  hereby  repealed. 


138  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED   BY 

ROGUE  RIVER  FISH   PROTECTIVE   ASSOCIATION 
in  favor  of  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  an  act  prohibiting  the  taking  of  fish  from 
the  waters  of  Rogue  River,  or  of  any  of  its  tribu- 
taries, by  any  means,  except  with  hook  and  line, 
commonly  called  angling.  Vote  YES  or  NO. 


548.  Yes. 


349.  No. 


ARGUMENT  FOR  BILL. 

The  object  of  this  measure  is  to  prevent  the  utter  extermination  of 
fish  in  Rogue  River,  which  flows  through  Jackson,  Josephine,  and  Curiy 
Counties.  For  years  past  salmon  fishing  has  been  carried  on  with  nets 
and  seines.  In  recent  years  trout  also  have  been  seined.  Runs  are  yearly 
diminishing,  the  hatchery  has  been  unable  to  take  sufficient  eggs  to 
replenish  the  supply,  and  a  continuation  of  present  conditions  threatens 
complete  extermination. 

Seiners  and  netters  so  thoroughly  drag  the  stream  that  few  fish  reach 
spawning  ground.  Fishermen  enjoy  the  longest  open  season  of  any 
stream  on  the  coast,  and  have  successfully  thwarted  efforts  of  the  Master 
Fish  Warden  to  prevent  extermination  by  shortening  the  season. 
They  have  ruthlessly  and  flagrantly  violated  State  laws,  fishing  during 
the  closed  season,  under  the  toes  of  dams,  and  giving  officers  muc-h 
trouble.  They  have  used  nets  as  small  as  one-inch  mesh  for  the  purpose 
of  gathering  trout  with  salmon.  Many  of  these  fishermen  are  non- 
residents, who  come  here  annually  to  prey  upon  the  fish. 

One  of  the  runs  of  fish  that  come  into  the  Rogue  is  the  steelhead 
(rainbow)  trout.  Until  recent  years  it  was  not  seined  for,  but  during 
the  past  few  years  has  been  taken  and  shipped  by  tons.  This  trout  takes 
a  fly,  and  is  the  gamest  of  fish. 

Formerly  the  Rogue  was  known  as  the  best  fishing  stream  in  the 
Northwest.  Farmers  had  no  difficulty  in  taking  a  winters'  supply  for 
home  use.  They  cannot  do  so  now,  as  they  are  all  seined  and  shipped 
by  commercial  fishermen,  who  have  multiplied  in  recent  years. 

The  Rogue  is  a  small  and  unnavigable  stream,  unfit  for  commercial 
fishing.  One  of  the  chief  attractions  of  the  Rogue  River  country,  which 
is  attracting  thousands  of  tourists,  will  be  fishing  with  hook  and  line, 
if  it  can  be  restored  to  its  former  plentitude,  but  unless  seining  and 
netting  is  stopped,  and  natural  conditions  restored,  there  will  soon  be  no 
fishing  of  any  kind  in  Rogue  River. 

ROGUE  RIVER  FISH  PROTECTIVE  ASSOCIATION. 


Submitted  to  Voters  of  Oregon  November  8, 1910  139 

ARGUMENT 

(negative) 

SUBMITTED  BY 

E.  A.  BAILEY,  JOHN  R.  MILLER  and  HERBERT  HUME,  committee 

representing  citizens  of  Curry  County,  Oregon, 

opposing  the  measure  designated  on  the  official  ballot  as  follows : 


PROPOSED   BY   INITIATIVE    PETITION 

A  bill  for  an  act  prohibiting  the  taking  of  fish  from  the 
of  Rogue  River,  or  of  any  of  its  tributaries,  by  any 
except  with  hook  and  line,  commonly  called  angling. 

waters 
means, 

Vote 

YES 

or 

NO. 

348. 

Yes. 

349. 

No. 

ARGUMENT    AGAINST    INITIATIVE    MEASURE    PROHIBITING 

FISHING   ON   ROGUE   RIVER,   EXCEPT   WITH 

HOOK  AND  LINE. 

Rogue  River  in  the  production  of  salmon  fish  is  not  excelled  by  any 
other  stream  in  Oregon,  excepting  the  Columbia.  The  canning  of  this 
fish  on  Rogue  River  is  one  of  the  leading  industries  of  the  State.  Thou- 
sands of  dollars  of  public  money,  as  well  as  private  capital,  have  been 
expended  in  the  propagation  of  salmon,  and  in  developing  the  stream 
thus  fostering  and  encouraging  a  natural  resource  of  our  country  which 
annually  adds  to  the  wealth  of  Oregon.  Private  capital  at  the  mouth  of 
the  Rogue  River  in  building  and  equiping  canneries  in  aiding  in  the 
propagation  of  fish;  in  clearing  out  the  river,  etc.,  is  invested  to  the 
extent  of  not  less  than  a  quarter  of  a  million  dollars.  The  fishing  in- 
dustry affords  employment  to  a  great  number  of  our  Jaboring  people. 
It  is  proposed  by  this  bill  to  utterly  annihilate  and  destroy  the  business 
of  commercial  fishing  on  Rogue  River,  and  for  what  reason?  Because 
it  is  claimed  that  commercial  fishing  at  the  mouth  of  the  river  interferes 
with  the  fisherman's  sport  upon  the  upper  river.     But  this  is  not  true. 

The  fishermen's  net  is  so  constructed  that  it  precludes  the  possibility 
of  any  salmon  trout  being  taken. 

The  laws  governing  fishing  are  faithfully  complied  with  on  the  Rogue, 
and  in  the  salmon  fishing  at  its  mouth.  There  are  two  hatcheries  for  the 
propagation  of  salmon  fish  on  this  river  owned  by  the  estate  of  R.  D. 
Hume  and  maintained  at  considerable  expense  without  assistance  from 
others.  The  Government  of  the  United  States  also  operates  a  hatchery 
located  on  Elk  Creek  in  that  vicinity  with  which  to  supply  this  stream 
with  the  salmon  fish.  The  product  of  these  two  hatcheries  planted  in 
this  river  equals  many  times  the  number  of  fish  taken  from  its  water. 
Shall  this  industry  be  destroyed?  A  glance  at  the  law,  and  consideration 
of  its  effect,  will  show  its  injustice.  This  proposed  law  should  receive 
the  emphatic  NO  of  the  voter.  E.  A.  BAILEY, 

JOHN   R.   MILLER, 
HERBERT  HUME, 
Committee  Representing  Citizens  of  Curry  County,  Oregon. 


140 Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED  BY 

ROGUE  RIVER  FISHERMEN'S  UNION 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  an  act  prohibiting  the  taking  of  fish  from  the 
waters  of  Rogue  River,  or  of  any  of  its  tributaries, 
by  any  means,  except  with  hook  and  line,  commonly 
called  angling.  Vote  YES  or  NO. 

348^  Yes^        '■ 

349^  ^.  ' 


ARGUMENT  AGAINST  BILL. 

The  initiative  measure  to  close  Rogue  River  to  commercial  fishing 
is  uncalled  for  because  Section  4106,  Bellinger  and  Cotton's  Code  pro- 
vides for  closing  any  stream  to  protect  fish  and  authorizes,  the  Fish 
Commission  to  take  such  action  when  advisable.  No  State  Fish  Warden 
has  thus  favored  closing  the  Rogue  River  and  former  Master  Fish 
Warden  H.  C.  McAllister,  by  his  letter  of  June  15th,  1910,  to  Rogue 
River  Fishermen's  Union,  stated  "I  am  opposed  to  the  bill  for  closing 
Rogue  River."  The  fishermen  are  residents  and  mostly  farmers,  only 
five  men  now  non-residents,  and  the  argument  for  bill  is  misleading 
and  false. 

The  run  of  salmon  is  not  diminishing  as  stated,  and  in  1909  there  was 
the  heaviest  run  in  many  years,  and  the  catch  of  steslheads  small,  being 
only  one  ton  in  a  total  of  ninety-three  caught  and  marketed  last  year. 
Small  mesh  nets  are  not  used,  the  smallest  being  an  eight-inch  mesh  in 
summer  and  a  five-inch  mesh  in  winter,  no  one-inch  mesh  used  on  river-. 
The  laws  were  strictly  enforced  on  this  river  and  the  present  Master 
Fish  Warden  received  his  promotion  from  the  ranks  for  his  efficient 
services. 

Dams  and  defective  fish  ladders  are  the  primary  cause  of  salmon  not 
reaching  the  government  hatchery,  and  these  barriers  should  be  remod- 
eled by  competent  supervision,  not  by  repealing  the  law  which  permits 
commercial  fishing. 

The  annual  revenue  to  salmon  fishei'men  on  the  river  at  Grants  Pass 
is  $20,000.00  annually,  and  Curry  County  much  greater,  and  the  entire 
catch  may  be  classed  as  Chinook  salmon,  which  fish  do  not  take  the  fly 
nor  spoon  except  by  accident  and  during  spawning  season. 

We  ask  the  voters  of  the  State  not  to  cast  their  ballots  for  this  law, 
depriving  thereby  a  large  class  of  worthy  citizens  from  gaining  a  liveli- 
hood by  a  legitimate  industry. 

ROGUE  RIVER  FISHERMEN'S  UNION. 

Endorsed  by:  Per  H.  E.  Gething,  Secretary  and  Manager. 

GRANTS  PASS  COMMERCIAL  CLUB. 

Per  M.  J.  Anderson,  Chairman  of  Committee. 


Submitted  to  Voters  of  Oregon  November  8, 1910    141 


A  BILL 

To  be  submitted  to  tpie  legal  electors  of  the  State  op 
Oregon  for  their  approval  or  rejection 

AT  THE 
REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  create  the  County  of  Deschutes 
and  to  fix  the  salaries  of  the  officers  thereof. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  6, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretai'y  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


A  bill  for  a  law  to  create  the  County  of  Deschutes, 
Oregon,  out  of  the  northwest  portion  of  Ci'ook  County, 
Oregon,  providing  for  its  organization,  the  salaries 
of  its  officers,  and  settlement  of  the  finances  between 
the  proposed  county  and  Crook  County.  Vote  YES  or  NO. 


350.  Yes. 

351.  No. 


142  Pamphlet  Containing  Measures  to  be 

[On  Official  Ballot,  Nos.  350  and  351.] 
A  BILL 

To  propose  by  initiative  petition  a  law  to  create  the  County  of  Deschutes 

and  to  fix  the  salaries  of  the  officers  thereof. 
Whereas,  the  proposed  County  of  Deschutes  contains  an  area  of  more 

than  four  hundred  square  miles  and  a  population  of  more  than  twelve 

hundred  inhabitants,  therefore. 
Be    it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  That  all  that  portion  of  the  State  of  Oregon  embraced 
within  the  following  boundary  lines  be  and  the  same  is  hereby  created 
and  organized  into  a  separate  county  by  the  name  of  Deschutes,  to-wit: 
Beginning  at  a  point  on  the  township  line  between  townships  sixteen  and 
seventeen  south,  where  the  same  intersects  the  range  line  between  ranges 
fourteen  and  fifteen  east  of  the  Willamette  Meridian,  running  from 
thence  due  west  along  said  township  line  to  the  east  line  of  Lane  County; 
thence  northerly  along  the  east  boundary  line  of  Lane,  Linn,  and  Marion 
Counties,  to  the  southwest  coi-ner  of  Wasco  County;  thence  east  along 
the  south  boundary  line  of  Wasco  County  to  the  point  where  said  south 
boundary  line  intersects  the  range  line  between  ranges  fourteen  and 
fifteen  east  of  the  Willamette  Meridian;  thence  south  on  said  range  line 
to  the  place  of  beginning. 

Section  2.  That  the  territory  embraced  within  the  said  boundary  shall 
compose  a  county  for  all  civil  and  military  purposes  and  shall  be  subject 
to  the  same  laws  and  restrictions  and  be  entitled  to  elect  the  same  officers 
as  other  counties  of  this  State;  provided,  that  it  shall  be  the  duty  of 
the  Governor,  as  soon  as  it  shall  be  convenient  after  this  act  shall  have 
become  a  law,  to  appoint  for  Deschutes  County  and  from  its  citizens 
the  several  county  officers  allowed  by  the  law  to  other  counties  in  this 
State,  which  said  officers,  when  duly  qualified  according  to  law,  shall  be 
entitled  to  hold  their  respective  offices  until  their  successors  are  duly 
elected  at  the  general  election  of  1912  and  are  duly  qualified  according 
to  law.    • 

Section  3.  The  temporary  county  seat  of  Deschutes  County  shall  be 
located  at  Redmond  in  said  county  until  a  permanent  location  shall  be 
adopted.  At  the  next  general  election  the  question  shall  be  submitted 
to  the  legal  voters  of  said  county,  and  the  place,  if  any,  which  shall 
receive  a  majority  of  all  the  votes  cast  at  said  election,  shall  be  the  per- 
manent county  seat  of  said  county.  But  if  no  place  shall  receive  a  ma- 
jority of  all  votes  cast,  the  question  shall  again  be  submitted  to  the  legal 
voters  of  said  county  at  the  next  general  election,  but  between  the  two 
places  having  the  highest  number  of  votes  at  said  election,  and  the  place 
receiving  the  highest  number  of  votes  at  such  last  election  shall  be  the 
permanent  county  seat  of  said  county. 

Section  4.     Said  County  of  Deschutes  shall  for  representative  purposes 


Submitted  to  Voters  of  Oregon  November  8,  1910  143 

be  annexed  to  the  Twenty-first  Representative  District,  and  for  senatorial 
purposes  said  county  shall  be  annexed  to  the  Ninth  Senatorial  District, 
being  the  representative  and  senatorial  districts  respectively,  formerly 
constituted  by  Crook  County. 

Section  5.  The  county  clerk  of  Crook  County  shall,  within  thirty  days 
after  this  lav/  shall  have  gone  into  operation,  make  out  and  deliver  to 
the  county  clerk  of  Deschutes  County  a  transcript  of  all  taxes  assessed 
upon  all  persons  and  property  within  said  Deschutes  County,  which  were 
previously  included  within  the  limits  of  Crook  County,  and  all  taxes 
which  shall  remain  unpaid  upon  the  day  this  act  shall  become  a  law, 
shall  be  paid  to  the  proper  officers  of  Deschutes  County.  The  clerk  of 
Crook  County  shall  also  make  out  and  deliver  to  the  county  clerk  of 
Deschutes  County,  within  the  time  above  limited,  a  transcript  of  all 
cases  pending  in  the  circuit  and  county  courts  ©f  Crook  County,  between 
parties  residing  in  or  concerning  property  located  in  Deschutes  County, 
and  transfer  all  original  papers  in  said  cases  to  be  tried  in  Deschutes 
County. 

Section  6.  The  county  court  of  Deschutes  County  shall  be  held  at 
the  county  seat  on  the  first  Monday  in  January,  April,  July,  and  October 
of  each  year. 

Section  7.  The  said  County  of  Deschutes  is  hereby  attached  to  the 
Seventh  Judicial  District  for  judicial  purposes,  and  the  terms  of  the 
Circuit  Court  for  said  county  shall  be  held  at  the  county  seat  com- 
mencing on  the  fouith  Monday  in  January  and  the  third  Monday  in 
July  of  each  year. 

Section  8.  Until  otherwise  provided  by  law  the  county  judge  of  Des- 
chutes County  shall  receive  an  annual  salary  of  $500.00;  the  county  clerk 
of  said  county  shall  receive  an  annual  salary  of  $1,200.00;  the  shei'iff 
shall  receive  an  annual  salary  of  $1,200.00;  and  the  treasurer  shall  re- 
ceive an  annual  salary  of  $250.00.  The  county  school  superintendent 
shall  receive  an  annual  salary  of  $600.00;  and  the  assessor  shall  receive 
an  annual  salary  of  $1,000.00,  and  the  county  commissioners  of  said 
county  shall  each  receive  $4.00  per  day  for  the  time  actually  employed 
in  county  business,  and  the  mileage  at  the  rate  of  ten  cents  per  mile  each 
way  when  required  to  travel  on  county  business. 

Section  9.  The  county  judge  of  Deschutes  county  shall  let  by  contract 
to  the  lowest  responsible  and  efficient  bidder,  the  work  of  transcribing 
all  records  of  Crook  County,  affecting  real  estate  situate  in  Deschutes 
county,  and  when  completed  they  shall  be  examined  and  certified  to  by 
the  clerk  of  Deschutes  County,  and  shall  thereafter  be  recognized  and 
acknowledged  as  the  official  records  of  Deschutes  County;  provided,  the 
clerk  of  Deschutes  County  shall  be  allowed  to  bid  upon  such  work. 

Section  10.  It  shall  be  the  duty  of  the  superintendent  of  schools  of 
Crook  County,  within  thirty  days  after  the  appointment  of  a  superin- 
tendent of  schools  for  Deschutes  County,  to  make  out  and  forward  to 
said  superintendent  of  schools  of  Deschutes  County  a  ti-ue  and  coi-rect 
transcript  or  abstract  of  the  annual  reports  of  the  clerks  of  the  various 


144  Pamphlet  Containing  Measures  to  be 

school  districts  embraced  within  Deschutes  County.  The  commissioners 
hereinafter  appointed  to  adjust  the  property  and  financial  interests  of 
Crook  and  Deschutes  counties  shall  at  the  same  time  ascertain  what,  if 
any,  sum  of  money  belonging  to  the  school  fund  is  in  the  hands  of  the 
treasurer  of  Crook  County  which  should  be  paid  to  Deschutes  County. 
And  said  sum,  if  any,  shall  be  paid  to  the  county  school  superintendent 
of  Deschutes  County  within  thirty  days  after  such  award. 

Section  11.  The  treasurer  of  Deschutes  County  shall,  within  one  year 
after  its  organization  by  the  appointment  of  its  officers  as  hereinbefore 
provided,  assume  and  pay  to  the  County  of  Crook  a  pro  rata  proportion 
of  the  remaining  indebtedness,  if  any,  of  Crook  County  after  deducting 
therefrom  the  amount  of  money  that  has  been  collected  in  taxes  from  the 
territory  taken  from  Crook  County  by  this  law  and  included  in  the 
County  of  Deschutes  and  expended  by  the  said  County  of  Crook  for 
public  buildings;  provided,  that  if  when  this  law  goes  into  effect,  there 
is  no  indebtedness  of  Crook  County,  then  Deschutes  County  shall  be 
entitled  to  credit,  and  Crook  County  shall  pay  to  Deschutes  County  the 
amount  of  money  that  has  been  collected  in  taxes  from  the  territory 
taken  from  Crook  County  by  this  law  and  included  in  the  County  of 
Deschutes,  and  expended  by  the  said  Crook  County  for  public  buildings; 
provided,  further,  that  if,  when  this  law  takes  effect  and  after  the  pay- 
ment of  all  indebtedness  and  expenses  of  Crook  County  up  to  that  time, 
there  shall  be  a  balance  of  money  in  the  hands  of  the  treasurer  of  Crook 
County,  then  and  in  that  event  the  county  treasurer  of  Crook  County 
shall  within  thirty  days  after  this  law  takes  effect,  or  within  thirty  days 
after  the  amount  thereof  shall  be  determined  by  the  commissioners 
hereinafter  appointed,  pay  to  the  treasui'er  of  Deschutes  County  such 
proportion  of  the  balance  so  in  the  hands  of  the  treasurer  of  Crook 
County,  after  the  payment  of  indebtedness  and  expenses  aforesaid,  as 
the  total  value  of  property  in  Deschutes  County  bears  to  the  total  value 
of  property  in  Crook  County,  according  to  the  assessment  of  1909. 

Section  12.  The  county  judge  of  Crook  County  and  the  county  judge 
of  Deschutes  County,  and  H.  F.  Jones  of  Deschutes  County  are  hereby 
appointed  a  board  of  commissioners  to  determine  the  value  of  the  county 
buildings  in  Crook  County,  the  amount  of  indebtedness,  if  any,  to  be 
assumed  by  Deschutes  County,  and  paid  to  Crook  County,  and  the  amount 
of  money  that  may  be  due  from  Crook  County  to  Deschutes  County,  under 
the  teiTTis  of  Section  11  of  this  law.  Said  board  shall  meet  at  the  county 
seat  of  Crook  County  on  the  first  day  of  December,  1910,  or  within  ten 
days  thereafter,  and  after  taking  and  subscribing  an  oath  faithfully  to 
discharge  their  duties,  shall  proceed  with  such  work  and  when  it  is  com-- 
pleted,  shall  file  reports  of  their  conclusions  in  duplicate  with  the  clerks 
of  Crook  and  Deschutes  counties.  In  case  a  vacancy  occurs  in  said  board 
the  same  shall  be  filled  by  appointment  by  the  Governor  of  the  State  of 
Oregon. 

Section  13.  Within  thirty  days  after  the  filing  of  such  report  either 
county  may  appeal  from  the  decision  of  said  board  to  the  Circuit  Court 


Submitted  to  Voters  of  Oregon  November  8, 1910  145 

of  Crook  County,  by  serving  notice  of  appeal  upon  the  clerk  of  the  other 
county  interested.  Upon  perfecting  the  issue  in  said  Circuit  Court,  either 
county  may  demand  a  change  of  venue  to  any  other  county  in  the  Seventh 
Judicial  District  of  the  State  of  Oregon,  or  to  any  other  Circuit  Court 
of  the  State  of  Oregon,  for  any  county  which  may  be  agreed  upon  by 
said  counties;  or  in  the  event  of  a  disagreement,  to  any  county  which 
may  be  designated  by  the  judge  of  said  district.  The  tiial  may  be  by 
jury  and  the  judgment  rendered  may  be  enforced  as  other  judgments 
against  counties.  If  the  county  appealing  fails  to  receive  a  more  favor- 
able judgment  than  the  finding  of  the  board  appealed  from  by  at  least 
$500.00,  it  shall  pay  the  cost  of  the  appeal.  If  no  appeal  be  taken  by 
either  party  within  the  thirty  days  above  provided,  the  findings  of  said 
board  shall  be  conclusive.  The  members  of  said  board  shall  each  receive 
$4.00  per  day  for  each  day  actually  employed  and  the  same  mileage  as 
a  witness  in  the  Circuit  Court.  The  expense  incurred  by  above  mentioned 
board  shall  be  borne  equally  by  the  two  counties. 


146  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED  BY 

THE  REDMOND  COMMERCIAL  CLUB 
in  favor  of  the  measure  desigriated  on  the  official  ballot  as  follows : 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  a  law  to  create  the  County  of  Deschutes, 
Oregon,  out  of  the  northwest  portion  of  Crook  County, 
Oregon,  providing  for  its  organization,  the  salaries  of 
its  officers,  and   settlement  of  the  finances  between 


the  proposed  county  and  Crook  covinty. 

Vote  YES  or  NO. 

350.           Yes. 

351.           No. 

AFFIRMATIVE  ARGUMENT  SUBMITTED  BY  THE  REDMOND 

COMMERCIAL  CLUB  IN  FAVOR  OF  THE  CREATION 

OF  THE  COUNTY  OF  DESCHUTES. 

To  the  Voters  of  Oregon: 

We,  .the  undersigned,  officers  of  the  Redmond  Commercial  Club,  in 
behalf  of  the  residents  of  the  proposed  County  of  Deschutes,  submit  the 
following  reasons  for  the  creation  of  the  County  of  DESCHUTES: 

First.  CROOK,  the  parent  county  of  the  proposed  County  of  DES- 
CHUTES, is  favorable  to  the  creation  of  the  new  county. 

Second. — The  county  seat  of  the  proposed  County  of  Deschutes  will  be 
located  on  the  main  line  of  both  the  Hill  and  Harriman  railroads  which 
'are  now  building  into  Central  Oregon.  ^ 

Third. — The  proposed  County  of  Deschutes  has  an  area  of  2,300  square 
miles  and  contains  about  1,500,000  acres,  making  it  nearly  six  times  the 
size  of  Multnomah  County.  The  assessed  valuation  of  the  new  county 
in  1909  was  $1,676,946.00.  The  estimated  valuation  for  1910  is  $2,500,- 
000.00.  The  estimated  population  of  the  new  county  is  4,500.  The  only 
legal  requirements  for  the  creation  of  a  new  county  are  a  population  of 
1,200  and  an  area  of  400  square  miles. 

Fourth. — The  laws  of  Oregon  make  it  impossible  to  create  a  new  county 
other  than  by  initiative  petition,  and  therefore  the  residents  of  the  pro- 
posed county  ask  your  support. 

All  of  which  is  respectfully  submitted. 

THE  REDMOND  COMMERCIAL  CLUB, 

By  W.  C.  Walker,  President. 
H.  T.  Jones, 
F.  M.  White, 
Carl  N.  Ehret, 
•Tos.  H.  Jackson, 
Attest:     E.  R.  Tichenor,  Secretary.  Directors. 


Submitted  to  Voters  of  Oregon  November  8,  1910    147 

ARGUMENT 

(negative) 

SUBMITTED  BY      • 

THE  MADRAS  COMMERCIAL  CLUB 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  create  the  County  of  Deschutes, 
Oregon,  out  of  the  northwest  portion  of  Crook 
County,  Oregon,  providing  for  its  organization,  the 
salaries  of  its  officers,  and  settlement  of  the  finances 
between  the  proposed  county  and  Crook  County.  Vote  YES  or  NO. 

350.  Yes. 

351.  No. 


ARGUMENT    AGAINST    THE    FOREGOING   MEASURE. 

The  argument  of  the  Redmond  Commercial  Club  for  creation  of  the 
proposed  County  of  Deschutes  is  erroneous  in  its  statement  of  fact.  The 
parent  county  of  Crook  is  not  favorable  to  the  creation  of  the  proposed 
new  county. 

At  a  public  meeting  held  June  28,  1910,  in  Prineville,  the  county  seat 
and  largest  town  in  Crook  County,  the  following  preamble  and  resolution 
was  unanimously  adopted: 

"Whereas,  There  is  being  proposed  by  initiative  petition  a  measure  to 
create  a  new  county  from  the  western  portion  of  Crook  County,  Oregon, 
which  measure  is  to  be  voted  upon  by  the  electors  of  this  State  at  the 
next  general  election;  and, 

"Whereas,  By  reason  of  the  undeveloped  and  sparsely  settled  condition 
of  the  territory  affected,  the  uncertainty  of  the  permanent  location  of 
railroads  and  the  main  avenues  of  transportation,  and  the  unsettled  and 
unstable  condition  of  the  centers  of  population,  the  proposition  to  divide 
Crook  County  at  this  time  is  clearly  premature  and  inopportune;  there- 
fore, be  it 

"Resolved,  By  the  citizens  of  Prineville  and  vicinity,  in  mass  meeting 
assembled,  that  we  hereby  express  our  most  emphatic  objection  to  said 
measure  and  pledge  ourselves  to  use  all  honorable  means  to  defeat  any 
and  all  proposals  to  divide  Crook  County  until  such  time  as  the  centers 
of  population  are  sufficiently  established,  and  the  avenues  of  commerce 


148  Pamphlet  Containing  Measures  to  be 

and  trade  fixed  to  such  a  nextent  that  a  division  can  be  intelligently 
accomplished." 

The  foregoing  resolution  was  widely  published  in  the  press  before  the 
affirmative  argument  for  the  proposed  new  County  of  Deschutes  was 
filed,  and  it  is  incredible  that  the  Redmond  Commercial  Club  did  not 
have  knowledge  of  it  and  of  the  temper  of  the  people. 

Since  that  time  similar  resolutions  opposing  creation  of  the  proposed 
new  County  of  Deschutes  have  been  adopted  by  the  Madras  Commercial 
Club  (in  the  precinct  second  in  number  of  voters  in  the  county)  and 
the  most  populous  town  in  the  proposed  new  county,  and  by  a  public 
meeting  at  Bend  (the  second  town  in  the  county),  and  there  have  been 
numerous  expressions  of  disapproval  from  other  communities  in  Crook 
County.  It  is  entirely  within  the  truth  to  say  that  opposition  to  the  pro- 
posed new  county  is  general,  both  within  the  proposed  boundaries  and 
outside  of  them,  with  the  single  exception  of  the  town  of  Redmond  itself. 
Redmond  has  organized  as  an  incorporated  town  since  the  petition  for 
the  new  county,  naming  it  as  the  county  seat,  was  filed. 

Of  the  10,163  names  upon  the  initiative  petition  for  the  proposed  new 
County  of  Deschutes  but  217  were  obtained  in  Crook  County,  including 
the  town  of  Redmond. 

It  is  unnecessary  to  discuss  the  estimates  of  population  and  taxable 
values  when  the  unfair  boundary  lines  are  considered  in  connection  with 
such  careless  statement  of  important  facts. 

THE   MADRAS  COMMERCIAL  CLUB. 

By  A.  C.  Sanford,  President. 
C.  A.  Riddle,  Secretary. 


Submitted  to  Voters  of  Oregon  November  8,  1910    149 

A   BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

regular  general  election 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  provide  methods  for  the  creation 
and  organization  of  new  towns,  counties  and  municipal  districts  (ex- 
cepting drainage  and  irrigation  districts  of  less  than  one  county) ,  for 
changing  the  boundaries  of  existing  counties,  etc., 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  7, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  an  act  providing  for  the  creation  of  new 
towns,  counties,  and  municipal  districts  (excepting 
drainage  and  irrigation  districts  of  less  than  one 
county)  or  changing  the  boundaries  of  existing 
counties  by  a  majority  vote  of  the  legal  voters  of  the 
territory  within  the  boundaries  of  the  proposed 
municipality,  and  providing  that  30  per  cent  of  the 
number  of  legal  voters  within  such  territory  may 
petition  for  the  creation  of  a  new  municipal  corpora- 
tion, and  providing  for  the  appointm.ent  of  officers 
and  adjustment  of  the  finances  of  the  new  corpora- 
tion, and  the  method  of  procedure  to  create  the  same.    Vote  YES  or  NO. 

352.  Yes. 

353.  No. 


150  Pamphlet  Containing  Measures  to  be 

[On  Official  Ballot,  Nos.  352  and  353.] 
A  BILL 
For  an  act  to  provide  methods  for  the  creation  and  organization  of  new 
towns,  counties  and  municipal  districts   (excepting  drainage  and  irri- 
gation districts  of  less  than  one  county),  for  changing  the  boundaries 
of  existing  counties,  and  to  repeal  Sections  2687,  2688,  and  2689  of 
Bellinger  and  Cotton's  Annotated  Codes  and  Statutes  of  Oregon,  and 
to  repeal  all  acts  and  parts  of  acts  relating  to  the  organization   of 
municipal  corporations  insofar  as  they  conflict  with  this  act. 
Be  it  enacted  by  the  People  of  the  State  of  Oregoti: 

Section  1.  New  towns,  counties  and  municipal  districts  may  be  created, 
and  the  boundaries  of  existing  counties  changed,  by  proceedings  in  sub- 
stantial compliance  with  the  provisions  of  this  act.  Not  less  than  thirty 
per  cent  of  the  whole  number  of  legal  voters  registered  and  residing 
within  its  proposed  territory  shall  file  with  the  Secretary  of  State  their 
petition  for  the  creation  of  such  municipal  corporation,  and  shall  deposit 
with  the  Secretary  of  State  such  sum  of  lawful  money  as  the  Governor 
shall  estimate  to  be  necessary  to  pay  the  expenses  of  the  proceedings. 
The  total  vote  cast  within  said  territory  for  Representative  in  Congress 
at  the  last  preceding  general  election  shall  be  the  basis  on  which  the 
number  of  petitioners  necessary  shall  be  computed.  Said  petition  shall 
confonn  in  its  verification  and  general  features  as  nearly  as  may  be  to 
the  laws  governing  initiative  petitions,  and  shall  contain  the  following 
information,  where  applicable: 

1.  The  name  and  location  of  the  temporary  county  seat,  town,  or 
temporary  principal  office  of  said  municipal  district. 

2.  The  titles  of  the  municipal  officers  desired. 

3.  Approximately  the  number  of  legal  voters,  the  number  of  children 
of  school  age,  and  the  population  resident  in  the  desired  territory. 

4.  Approximately  the  number  of  votes  cast  therein  for  Representative 
in  Congress  at  the  last  preceding  general  election. 

5.  Approximately  the  area  and  assessed  valuation  thereof. 

6.  The  present  rate  of  taxation  and  the  rate  which  will  be  necessary 
in  said  territory  after  its  incorporation. 

7.  The  whole  amount  of  taxes  now  paid  in  said  territory  (exclusive 
of  special  district  levies  for  schools  or  roads),  and  the  estimated  amount 
that  will  be  necessary  after  its  incorporation. 

8.  The  proposed  boundaries  of  said  new  town,  county  or  municipal 
district. 

The  petition  for  a  new  town,  or  for  a  municipal  district,  shall  also 
contain  a  copy  of  the  charter  proposed  for  said  town,  the  powers  proposed 
for  said  municipal  district,  and  the  rules  for  guidance  of  its  officers.  Said 
charter,  powers  or  rules  must  not  be  amended  or  changed  by  the  com- 
missioners herein  provided  for,  but  may  be  amended  or  changed  by  the 
people  of  said  town  or  district  after  its  incorporation,  as  provided  by 
law.  For  six  weeks  immediately  before  filing  such  petition  the  petitioners 
or  a  committee  of  their  number  shall  give  printed  notice,  by  advertisement 


Submitted  to  Voters  of  Oregon  November  8,  1910  151 


in  two  newspapers  of  general  circulation  within  the  territory  affected, 
cf  their  intention  to  file  said  petition,  and  of  the  proposed  boundaries  of 
said  corporation;  and  they  shall  file  with  their  petition  proof  of  such 
publication,  as  in  the  case  of  service  of  summons  by  publication. 

Section  2.  The  Secretary  of  State  shall  notify  the  Governor  when  the 
petitioners  have  complied  with  this  act,  and  within  thirty  days  thereafter 
the  Governor  shall  appoint  three  disinterested  commissioners,  who  shall 
not  be  residents,  property  owners  nor  taxp-xyers  within  the  territory  of 
the  proposed  new  town,  county  or  municipal  district,  and  one  of  whom 
shall  be  a  practicing  surveyor  and  civil  engineer.  Said  commissioners 
shall  subscribe  and  file  with  the  Secretary  of  State  an  oath  of  office, 
declaring  that  they  will  faithfully  and  impartially  perform  their  duties 
to  the  best  of  their  ability.  It  shall  be  the  duty  of  said  commissioners 
to  examine  all  the  facts  bearing  on  the  need  for  such  new  corporation, 
with  reference  to  the  general  welfare  of  the  State  at  large,  as  well  as 
of  the  people  locally  interested.  Within  ninety  days  after  their  appoint- 
ment they  shall  report  to  the  Governor,  in  writing,  their  findings  of 
fact,  conclusions  and  recommendations  for  or  against  the  creation  of  said 
new  municipal  corporation,  v/hich  report  shall  be  filed  in  the  office  of 
the  Secretary  of  State.  If  the  report  shall  be  against  the  creation  of 
such  corporation  no  further  proceedings  shall  be  taken,  except  that  a 
copy  of  said  report  shall  be  printed  by  the  State  Printer,  and  mailed  by 
the  Secretary  of  State  to  every  registered  voter  residing  within  the 
territory  described  in  the  petition  for  such  new  corporation. 

Section  3.  If  said  report  shall  be  favorable  to  the  creation  of  said 
new  corporation,  the  commissioners  shall  define  therein  the  boundaries 
which  they  recommend,  which  may  be  different  from  those  in  the  petition. 
Within  thirty  days  after  receiving  such  favorable  report,  the  Governor 
shall  issue  his  writ  ordering  the  election  within  the  limits  described  in 
the  commissioners'  report,  to  the  end  that  the  legal  voters  therein  may 
decide  for  or  against  such  incorporation.  But  if  the  time  is  within  six 
months  of  any  general  election,  the  Governor  may  order  the  question  to 
be  placed  on  the  general  election  ballot  within  such  territory.  In  either 
case  the  State  Printer  shall  print,  from  copy  furnished  by  the  Secretary 
of  State,  and  bind  under  one  cover,  a  sufficient  number  of  copies  of  ihe 
petition,  the  commissioners'  report,  and  the  Governor's  writ  of  election, 
and  the  Secretary  of  State  shall  mail  to  every  registered  voter  within 
the  said  territory,  as  soon  as  possible,  one  of  said  printed  and  bound 
copies.  Notice  of  such  election  shall  be  given  by  the  county  clerks  of  the 
counties  interested,  in  the  manner  provided  by  the  general  election  laws. 
If  the  proposed  boundary  of  such  new  corporation  shall  divide  any  voting 
precincts,  the  portions  thereof  lying  within  the  new  corporation  shall  be 
thereby  attached,  for  the  purposes  of  said  election,  to  the  contiguous 
voting  precincts  which  the  commissioners  recommend  as  most  convenient 
for  the  voters  therein. 

Section  4.  The  election  to  decide  for  or  against  the  creation  and 
organization   of  such  new  town,  county  or  municipal  district,  shall  be 


152  Pamphlet  Containing  Measures  to  be 

ordered,  notice  thereof  given,  and  in  all  things  conducted,  as  nearly  as 
may  be,  in  accordance  with  the  g-eneral  election  laws  of  Oregon,  No  such 
petition  or  proceeding  shall  be  void  or  be  dismissed  for  want  of  strict 
technical  compliance  with  any  portion  of  the  law,  where  such  want  of 
compliance  does  not  affect  the  justice  and  right  of  the  proceeding,  or  the 
substantial  rights  of  persons  interested;  provided,  that  the  petitioners 
have,  in  good  faith,  sought  to  comply  with  all  requirements  of  the  law. 
In  the  case  of  a  municipal  district  comprising  more  than  one  county,  the 
returns  of  the  election  shall  be  made  by  the  several  canvassing  boards 
of  the  counties  interested  to  the  State  Board  of  Canvassers,  and  that 
body  shall  declare  th'D  result.  The  Governor  shall  make  proclamation  of 
the  result  of  the  election  and  cause  it  to  be  published  for  three  successive 
weekly  publications  in  two  newspapers  of  general  circulation  in  said 
territory. 

Section  5.  If  the  majority  of  votes  cast  on  said  question  shall  be 
favorable  the  corporation  shall  be  thereby  created,  and  the  Governor 
shall,  within  thirty  days,  appoint  persons  to  fill  the  local  offices  named 
in  said  petition.  Every  such  appointee  shall  hold  his  office  until  his  suc- 
cessor shall  be  regularly  elected  or  appointed  and  qualified.  The  com- 
pensation of  said  officers,  until  otherwise  provided  by  law,  shall  be  the 
same  as  is  paid  by  existing  corporations  of  the  same  kind  nearest  in 
assessed  value  to  the  new  corporation.  Immediately  after  the  receipt  of 
their  commissions,  said  appointed  officers  shall  qualify  and  assume  the 
duties  of  their  sevei'al  offices.  The  governing  body  of  the  new  corporation 
shall  obtain  from  the  county  or  counties  from  which  the  new  corporation 
was  created,  certified  copies  of  such  records  as  may  be  necessary  and 
may  contract  for  the  same  with  the  proper  county  officers  of  such  counties 
or  with  other  persons. 

Section  6.  In  the  case  of  a  new  county  all  matters  relating  to  value 
and  division  of  county  property,  county  funds,  taxes,  debts,  assets  and 
liabilities,  and  all  pecuniary  matters  of  difference  between  the  new  county 
and  the  county  or  counties  from  which  such  new  county  is  created,  shall 
be  stated  and  settled  by  a  board  of  arbitration,  composed  as  follows: 

The  county  court  of  such  new  county  shall,  at  its  first  meeting,  appoint 
one  person  as  an  arbitrator,  and  the  county  court  of  the  county  from 
which  territory  is  taken  for  the  new  county,  shall,  at  its  first  meeting 
after  creation  of  such  new  county,  appoint  one  person  to  act  as  arbitrator, 
and  the  Governor  shall  designate  a  Circuit  Judge  of  a  district  not  embrac- 
ing any  county  from  which  territory  is  taken  for  the  nev/  county,  to  act 
with  the  arbitrators  representing  the  counties. 

The  Judge  appointed  by  the  Governor  as  arbitrator  shall  preside  at 
the  meetings  of  the  board  of  arbitration,  shall  name  the  times  and  places 
for  holding  such  meetings,  and  shall,  before  proceeding  to  the  work, 
administer  to  each  arbitrator  an  oath  to  faithfully  and  impartially  per- 
form the  duties  of  his  office  to  the  best  of  his  ability;  and  shall  certify 
to  the  county  court  of  each  of  said  counties  the  amounts  properly  due 
tbe  respective  arbitrators  as  compensation,  and  the  share  to  be  paid  by 


Submitted  to  Voters  of  Oregon  November  8, 1910    153 


each  county  of  the  other  expenses  of  the  arbitration,  which  other  expenses 
shall  be  equally  divided  between  said  counties. 

If  the  new  county  shall  be  formed  of  territory  formerly  belonging  to 
more  than  one  county,  each  of  such  old  counties  shall,  in  like  manner, 
effect  an  independent  adjustment  and  settlement  with  the  new  county. 
If  any  county  shall  fail  to  appoint  its  arbitrator  as  herein  required,  or 
if  such  arbitrator  shall  fail  to  act,  the  Governor  shall,  within  thirty  days 
after  such  failure,  name  some  suitable  person  to  act  as  such  arbitrator.  On 
completion  of  its  work  the  board  shall  report  forthwith  in  writing  and 
submit  full  statements  of  the  awards  and  settlements  agreed  upon  to  the 
county  courts  of  the  respective  counties  interested,  which  shall  thereupon 
carry  out  and  give  effect  to  the  same. 

Section  7.  The  original  of  every  document  required  by  this  act  shall 
be  filed  with  the  Secretary  of  State,  except  as  in  this  act  otherwise  pro- 
vided, and  he  shall  forthwith  deliver  a  certified  copy  of  each  of  said 
original  documents  to  the  Governor,  and  also  to  the  county  clerk  of  each 
of  the  counties  interested.  In  the  case  of  a  new  county,  the  local  and 
special  laws  affecting  the  county  from  which  the  greater  part  of  the 
territory  comprising  the  new  county  was  taken  shall  be  operative  in  the 
new  county.  Within  ten  days  after  the  commissioners'  report  is  filed, 
ii  it  shall  be  favorable  to  the  new  corporation,  the  registration  books  of 
the  county  or  counties  affected  shall  be  re-opened  for  registration  of 
voters  residing  within  the  limits  of  the  proposed  corporation,  and  shall 
be  kept  open  for  thirty  days.  No  person  shall  vote  on  the  question  of 
incorporation  who  shall  not  be  registered  as  a  legal  voter.  The  expenses 
of  creating  said  new  corporation,  advanced  by  the  petitioners,  may  be 
repaid  by  said  corporation  if  it  is  organized.  The  wages  of  the  com- 
missioners shall  be  $7.50  each  per  day  of  actual  service,  and  all  neces- 
sary expenses.  The  wages  of  each  county  arbitrator  shall  be  fixed  and 
paid  by  the  county  court  appointing  him  or  on  behalf  of  which  he  acts, 
and  each  county  shall  pay  its  proportionate  share  of  the  expenses  of  said 
arbitration  and  settlement,  upon  certification  as  provided  in  Section  6 
of  this  act. 

Section  8.  Until  the  next  succeeding  session  of  the  legislature  after 
incorporation,  said  new  county  shall  be  attached,  for  legislative  and 
judicial  purposes,  to  the  district  in  which  is  situated  the  county  from 
which  the  largest  portion  of  its  territory  was  taken.  The  Judge  of  the 
Circuit  Court  for  the  district  embracing  said  new  county,  shall  appoint 
terms  of  his  court  for  said  county. 

Section  9.  The  Governor,  Secretary  of  State,  and  State  Treasurer 
are  hereby  authorized  to  make  any  rules  necessary  or  convenient  to 
facilitate  the  operation  of  this  act. 

Section  10.  Sections  2687,  2688,  and  '2689  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon,  are  hereby  repealed;  and  all 
acts  and  parts  of  acts  in  conflict  with  this  act  relating  to  the  organization 
of  municipal  corporations,  insofar  as  they  conflict  herewith,  are  hereby 
repealed. 


154  Pamphlet  Containing  Measures  to  be 

ARGUMENT 
(affirmative) 

SUBMITTED  BY 

THE  MADRAS  COMMERCIAL  CLUB 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows : 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  an  act  providing  for  the  creation  of  new 
towns,  counties,  and  municipal  districts  (excepting 
drainage  and  irrigation  districts  of  less  than  one 
county)  or  changing  the  boundaries  of  existing 
counties  by  a  majority  vote  of  the  legal  voters  of 
the  territory  within  the  boundaries  of  the  proposed 
municipality,  and  providing  that  30  per  cent  of  the 
number  of  legal  voters  within  such  territory  may 
petition  for  the  creation  of  a  new  municipal  cor- 
poration, and  providing  for  the  appointment  of  officers 
and  adjustment  of  the  finances  of  the  new  corpora- 
tion, and  the  method  of  procedure  to  create  the  same.    Vote  YES  or  NO. 

352.  Yes. 

353.  No. 

ARGUMENT  IN  FAVOR  OF  ABOVE  MEASURE. 

This  measure  will  provide  a  just  and  simple  method  (for  which  there 
is  pressing  need)  for  creating  and  organizing  new  counties,  without 
calling  upon  the  voters  of  the  whole  State  to  decide  such  sectional  mat- 
ters. The  same  method  is  made  available  for  the  new  towns  and  mu- 
nicipal districts  (such  as  the  Coos  Bay  Harbor  district).  Fruitless  efforts 
to  get  the  past  two  legislatures  to  take  action  on  such  a  measure  prove 
the  necessity  for  going  directly  to  the  people  with  it. 

The  features  of  this  bill  are  due  publicity  (always  a  guaranty  of 
justice  and  good  faith),  and  high-grade,  disinterested  tribunals  to  decide 
first  the  public  necessity,  and  then,  if  approved,  adjust  the  interests 
affected. 

Old  counties  will  resist  division  of  their  territory,  and  yet  in  the  course 
of  development  new  counties  must  sometimes  be  created.     A  way  that 


Submitted  to  Voters  of  Oregon  November  8, 1910    155 


will  obtain  justice  for  the  old  counties  as  well  as  the  new,  and  make 
these  matters  largely  self -regulating,  is  provided  in  this  bill.  The  re- 
quirement that  the  petitioners  must  deposit  money  to  pay  the  expenses 
of  the  proceedings,  which  money  will  be  lost  if  the  movement  is  found 
to  be  without  merit,  will  discourage  petty  and  unworthy  schemes.  On 
the  other  hand,  where  there  is  real  need  for  the  town,  covmty  or  mu- 
nicipal district,  it  cannot  be  smothered  without  proper  consideration.  The 
tribunal  that  will  determine  the  merit  of  the  matter  will  be  composed  of 
three  disinterested  commissioners  appointed  by  the  Governor — men  who 
do  not  reside  in  and  have  no  property  in  the  territory  affected,  new  or 
old.  Thus  the  commission  will  be  as  far  as  possible  removed  from  the 
local  jealousies  and  prejudices  and  it  will  have  power  to  ascertain  all 
the  facts  necessary  to  a  correct  understanding  of  the  case.  It  may,  if 
it  shall  find  advisable,  even  fix  boundaries  different  from  those  described 
in  the  original  petition.  This  will  prevent  improper  dismemberment  of 
present  counties. 

The  public  interest  having  been  determined  by  this  disinterested  com- 
mission of  competent  men,  the  question  whether  the  voters  of  the  pro- 
posed new  corporation  care  to  assume  self-government  remains.  To 
settle  this  (if  the  commission  shall  report  favorably  as  to  the  wider  public 
Interest)  an  election  is  to  be  held  in  the  proposed  new  division  alone. 

By  proceeding  under  this  measure  it  would  be  possible  to  erect  a  new 
county  in  less  than  six  months.  Neither  the  old  county  nor  the  new 
county  is  permitted  to  sit  in  judgment  upon  the  interests  of  the  other. 

The  legislature  cannot  create  a  new  county  by  special  act,  it  being 
now  prohibited  by  the  Constitution,  Therefore,  as  matters  now  stand, 
it  is  necessary  to  impose  these  questions  upon  the  voters  of  the  entire 
State,  regardless  of  whether  they  have  patience  to  investigate  the  local 
needs  or  power  to  obtain  information  if  they  sought  it. 

By  this  bill,  if  real  need  exists  for  creation  of  a  new  town,  county  or 
district  (and  not  otherwise)  a  simple  and  expeditious  method  is  provided. 

THE  MADRAS  COMMERCIAL  CLUB. 

By  A.  C.  Sanford,  President. 
C.  A.  Riddle,  Secretary. 


156  Pamphlet  Containing  Measures  to  be 


AN     AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 
REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO  AMEND 

Section  10  of  Article  XI 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State  July  7, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will   be 

printed  on  the  official  ballot: 

PROPOSED  BY  INITIATIVE  PETITION 

An  amendment  of  Section  10  of  Article  XI  of  the 
Constitution  of  the  State  of  Oregon,  permitting  coun- 
ties to  incur  indebtedness  beyond  $5,000  to  build 
permanent  roads,  and  providing  that  debts  for  per- 
manent roads  may  be  incurred  on  approval  of  a 
majority  of  those  voting  on  the  question.  Vote  YES  or  NO. 

354.  Yes. 

355.  No. 


Submitted  to  Voters  of  Oregon  November  8, 1910    157 


[On  Official  Ballot,  Nos.  354  and  355.] 

CONSTITUTIONAL  AMENDMENT. 

Section  10  of  Article  XI  of  the  Constitution  of  the  State  of  Oregon 
shall  be  and  the  same  hereby  is  amended  to  read  as  follows: 

Article  XL 

Section  10.  No  county  shall  create  any  debts  or  liabilities  which  shall 
singly  or  in  the  aggregate  exceed  the  sum  of  five  thousand  dollars,  except 
to  suppress  insurrection  or  repel  invasion,  or  to  build  permanent  roads 
within  the  county,  but  debts  for  permanent  roads  shall  be  incurred  only 
on  approval  of  a  majority  of  those  voting  on  the  question. 


158  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(affirmative) 

SUBMITTED  BY 

OREGON  GOOD  ROADS  ASSOCIATION 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows : 

PROPOSED  BY  INITIATIVE  PETITION 


An  amendment  of  Section  10  of  Article  XI  of  the 
Constitution  of  the  State  of  Oregon,  permitting  coun- 
ties to  incur  indebtedness  beyond  $5,000  to  build 
permanent  roads,  and  providing  that  debts  for  per- 
manent roads  may  be  incurred  on  approval  of  a 
majority  of  those  voting  on  the  question.  Vote  YES  or  NO. 


354.  Yes. 


355.  No. 


ARGUMENT    IN    FAVOR    OF    THE    ADOPTION    OF    THE    "GOOD 
ROADS"   AMENDMENT    TO   THE   CONSTITUTION. 

Section  10  of  Article  XI  of  the  Constitution  reads  as  follows: 
"Section  10,  Article  XI:  No  county  shall  create  any  debts  or  liabilities 
which  shall  singly  or  in  the  aggregate  exceed  the  sum  of  five  thousand 
dollars,  except  to  suppress  insurrection  or  repel  invasion,  but  the  debts 
of  any  county  at  the  time  this  Constitution  takes  effect  shall  be  disre- 
garded in  estimating  the  sum  to  which  each  county  is  limited." 
It  is  proposed  to  amend  this  section  so  as  to  read  as  follows: 

"Section  10,  Article  XI:  No  county  shall  create  any  debts  or  liabilities 
which  shall  singly  or  in  the  aggregate  exceed  the  sum  of  five  thousand 
dollars,  except  to  suppi'ess  insurrection  or  repel  invasion,  or  to  build 
permanent  roads  within  the  county,  but  debts  for  permanent  roads  shall 
be  incurred  only  on  approval  of  a  majority  of  those  voting  on  the 
question." 

The  amendment  grants  to  the  people  of  each  county  the  power  to  pledge 
the  credit  of  their  county  for  money  to  build  permanent  public  roads. 
The  question  whether  or  not  a  county  should  pledge  its  credit  to  raise 
money  for  building  any  permanent  road  would  be  submitted  to  a  vote 
of  the  people  of  that  county  and  would  be  decided  by  a  majority  vote. 
The  people  of  any  county  may  issue  bonds  or  warrants,  or  any  form  of 


Submitted  to  Voters  of  Oregon  November  8, 1910    159 


obligation  they  desire,  for  such  length  of  time  and  at  such  rate  of  in- 
terest as  they  may  determine;  in  short,  this  amendment  is  but  an 
additional  grant  of  power  to  the  people  of  each  county  to  manage  their 
own  business. 

The  public  roads  of  a  county  are  the  property  of  the  people  of  that 
county — of  all  the  people.  The  condition  of  these  roads  is  of  especial 
importance  to  the  farmer,  for  he  must  travel  them  as  a  necessary  part 
of  his  business  as  well  as  his  pleasure.  Everything  he  sells  and  everything 
he  buys  must  be  hauled  over  these  roads.  It  is  not  so  much  a  question 
to  the  farmer  of  how  far  he  has  to  have  his  produce  hauled  as  it  is  of 
how  long  it  will  take  him  to  make  the  trip  and  how  much  he  can  haul  at 
one  load.  If  he  has  a  good,  smooth,  hard  road  (good  and  smooth  and 
hard  in  the  winter  as  well  as  in  the  summer)  from  his  home  to  his 
market  place  he  is  better  off  (really  nearer)  at  ten  miles  than  he  is  at 
less  than  half  that  distance  on  the  ordinai-y  mud  road.  In  every  view  of 
the  case  there  is  nothing  of  greater  importance  to  the  farmer,  to  all 
farmers,  than  the  condition  of  the  public  roads.  Good  roads  save  time 
and  money,  add  value  to  the  farm  and  make  farm  life  more  pleasant 
and  attractive  in  every  way. 

The  Oregon  State  Grange,  composed  as  it  is  of  men  who  have  suffered 
much  and  for  many  years  from  bad  roads,  realizing  the  great  importance 
and  necessity  of  good  roads,  passed  the  following  resolution  at  its  meeting 
in  Oregon  City  on  May  17th: 

"Whereas,  The  most  important  question  of  interest  to  farmers  under 
consideration  today  is  the  building  of  permanent  public  highways  in  order 
to  lessen  the  cost  of  transportation  of  farm  produce  to  the  nearest  mar- 
ket; therefore,  be  it 

"Resolved,  That  we  heartily  endorse  any  proposal  to  remove  any  con- 
stitutional restrictions  on  the  people's  power  to  obtain  and  pay  for  good 
roads." 

Not  only  has  the  Grange,  by  this  resolution,  emphasized  the  Importance 
and  necessity  of  good  roads,  but  it  has  again  declared  its  confidence  in 
the  people  by  demanding  that  they  be  granted  more  power  to  manage 
their  property  and  affairs  as  they  please.  Let  the  constitutional  restric- 
tions upon  the  power  of  the  people  be  removed.  And  that  is  just  what 
this  amendment  does — and  that  is  all  it  does. 

The  purpose  here  is  not  to  argue  that  the  power  granted  by  this  amend- 
ment should  be  used,  but  that  the  people  should  have  the  right  to  use  it. 
As  said  at  the  outset,  the  question  is  not,  "Shall  the  people  go  in  debt 
to  build  roads?"  but,  "Shall  the  people  have  the  power  to  do  as  they 
please  about  it?"  There  are  some  counties  that  would  build  roads  if 
given  the  power  to  do  so  by  this  amendment,  and  since  no  county  is 
affected  except  those  that  want  to  build  roads  in  this  way  is  there  any 
reason  why  the  people  of  any  county  should  be  denied  this  power?  Is 
there  any  reason  for  denying  this  power  to  the  people  of  other  counties, 
even  if  you  do  not  want  to  use  it  in  your  county?  Is  it  safe  to  trust  the 
people  with  the  power  given  them  by  this  amendment?  That  is  really 
the  only  question  the  voter  has  to  decide.     If  you  are  not  afraid  to  trust 


l60  Pamphlet  Containing  Measures  to  be 


yourself  and  the  people  of  your  own  county  with  this  new  power,  you 
will  vote  for  this  amendment.  Consider  the  matter  from  this  point  of 
view:  In  addition  to  the  power  of  electing  their  public  officers  the  people 
row  have  the  power,  by  the  recall,  of  ousting  them  from  office.  The 
people  of  the  State  have  the  power  of  making  laws,  and  of  annulling 
laws  passed  by  the  legislature.  The  people  of  the  State  have  the  power 
of  changing  the  Constitution  regardless  of  the  action  of  the  legislature. 
If  it  is  safe  to  trust  these  great  powers  to  yourself  and  to  the  other 
voters,  is  there  any  danger  in  granting  to  the  people  of  each  county  the 
power  conferred  by  this  amendment?  If  the  people  can  be  trusted  to  use 
the  power  to  make  their  constitution  and  laws,  are  not  the  people  of  each 
county  competent  to  manage  the  property  and  affairs  of  their  own 
county?  This  is  a  matter  that  appeals  directly  to  every  individual  voter, 
and  each  must  decide  the  matter  for  himself.  By  the  very  act  of  voting 
on  this  amendment,  you  are  exercising  a  far  higher  power  than  that 
given  by  this  amendment.  If  you  can  trust  yourself  and  can  be  trusted 
with  that  power  by  your  fellow  citizens  you  can  surely  be  trusted  with 
the  power  granted  by  this  amendment.  Is  there  any  escape  from  the 
conclusion  that  to  vote  against  this  amendment  is  to  declare  that  you 
ought  not  to  be  trusted  with  the  very  power  you  exercise  in  the  casting 
of  that  vote?  In  its  final  analysis  the  only  question  really  presented  to 
each  voter  is,  "Are  you  afraid  to  trust  yourself  and  the  people  of  your 
county  with  the  power  granted  by  this  resolution?"  If  you  are  not  afraid, 
vote  for  it. 

OREGON   GOOD   ROADS   ASSOCIATION. 
Lionel  R.  Webster,  By  Dr.  Andrew  C.  Smith,  President. 

Chairman  Executive  Committee. 


Submitted  to  Voters  of  Oregon  November  8, 1910    161 

A  BILL 

To  BE  submitted  to  the  legal  electors  of  the  State  of 
Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  amend  Section  2  of  the  Direct 
Primary  Nominating  Elections  Law  which  was  proposed  by  initiative 
petition  and  approved  by  the  people  of  Oregon  at  the  general  election 
in  June,  1904,  and  pi*inted  in  the  volume  of  the  General  Laws  of  Oregon 
for  the  year  1905,  at  pages  7  to  50  thereof;  etc. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  7, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 

PROPOSED  BY  initiative  PETITION 

A  bill  for  a  law  to  amend  the  direct  primary  law  by 
extending  its  provisions  to  presidential  nominations, 
allowing  voters  to  designate  their  choice  for  their 
party  candidate  for  President  and  Vice-President; 
for  direct  nomination  of  party  candidates  for  presi- 
dential electors;  for  election  by  party  voters  of  dele- 
gates to  their  party  national  nominating  conventions, 
each  voter  voting  for  one  delegate;  for  payment  of 
delegates'  actual  traveling  expenses,  not  exceeding 
two  hundred  dollars  for  each  delegate,  and  extending 
the  publicity  rights  of  candidates  in  the  State  nomi- 
nating and  general  election  campaign  books.  Vote  YES  or  NO. 

356.  Yes. 

357.  No. 
6— 


162  Pamphlet  Containing  Measures  to  be 

[On  Official  Ballot,  Nos.  356  and  357.] 
A  BILL 

For  a  law  to  amend  Ssction  2  of  the  Direct  Primary  Nominating  Elections 
Law  which  was  proposed  by  initiative  petition  and  approved  by  the 
people  of  Oregon  at  the  general  election  in  June,  1904,  and  printed  in 
the  volume  of  the  General  Laws  of  Oregon  for  the  year  1905,  at  pages 
7  to  50  thereof;  to  provide  for  the  expression  by  the  qualified  voters 
of  the  several  political  parties  subject  to  the  said  direct  primary  law, 
of  their  choice  for  nomination  by  their  party  for  President  and  Vice- 
President  of  the  United  States;  to  provide  for  and  regulate  direct 
primary  nominating  elections  for  the  election  of  said  political  parties' 
delegates  to  their  respective  national  conventions,  and  for  the  payment 
of  such  delegates'  necessary  expenses,  not  exceeding  two  hundred  dol- 
lars for  any  delegate;  for  the  nomination  of  party  candidates  for  the 
office  of  presidential  elector;  for  space  in  the  party  and  State  campaigi 
books  to  set  forth  the  merits  of  aspirants  for  election  and  for  nomina- 
tion, and  of  candidates  for  the  offices  of  President  and  Vice-President 
of  the  United  States,  of  candidates  for  offices  to  be  voted  for  in  the 
State  at  large,  and  of  candidates  for  United  States  Senators  and 
Representatives  in  Congi-ess. 

Be    it  enacted  by  the  People  of  the  State  of  Orego7i: 

Section  1.  That  Section  2  of  the  Direct  Primary  Nominating  Elections 
Law,  which  was  proposed  by  initiative  petition  and  enacted  by  the  people 
of  Oregon  at  the  general  election  in  June,  1901,  as  the  same  is  printed 
in  the  volume  of  the  General  Laws  of  Oregon  for  the  year  1905,  at  pages 
7  to  50  thereof,  be  and  the  same  is  hereby  amended  to  read  as  follows: 

Section  2.  On  the  forty-fifth  day  preceding  any  election  (except 
special  elections  to  fill  vacancies,  presidential  elections,  municipal  elec- 
tions in  towns  or  cities  having  a  population  of  less  than  two  thousand, 
and  school  elections)  at  which  public  officers  in  this  State  and  in  any 
district  or  county,  and  in  any  city  having  a  population  of  two  thousand 
or  more  at  which  public  officers  are  to  be  elected,  except  as  provided  in 
Section  6  of  this  law  as  to  time  in  certain  cities  and  towns,  a  primary 
nominating  election  shall  be  held  in  accordance  with  this  law  in  the 
several  election  precincts  comprised  within  the  territory  for  which  such 
officers  are  to  be  elected  at  the  ensuing  election,  which  shall  be  known 
as  the  primary  nominating  election,  for  the  purpose  of  choosing  can- 
didates by  the  political  pai'ties,  subject  to  the  provisions  of  this  law,  for 
Senator  in  Congress  and  all  other  elective  State,  district,  countj',  pre- 
cinct, city,  v;ard  and  all  other  officers,  and  delegates  to  any  constitutional 
convention  or  conventions  that  may  hereafter  be  called,  who  are  to  ba 
chosen  at  the  ensuing  election  wholly  by  electors  within  this  State  or 
any  subdivision  of  this   State,   and  also  for   choosing  and  electing  the 


Submitted  to  Voters  of  Oregon  November  8, 1910    163 

county  central  committeemen  by  the  several  parties  subject  to  the  pro- 
visions of  this  law.     Provided: 

(a)  In  the  years  when  a  President  and  Vice-President  of  the  United 
States  are  to  be  elected,  said  primary  nominating  election  shall  be  held 
on  the  forty-fifth  day  before  the  first  Monday  in  June  of  said  year;  and 
all  laws  pertaining  to  the  nomination  of  candidates,  registration  of  voters 
smd  all  other  things  incident  and  pertaining  to  the  holding  of  the  regular 
biennial  nominating  election,  shall  be  enforced  and  effected  the  same 
number  of  days  before  the  first  Monday  in  June  that  they  were  under 
the  said  nominating  election  law  immediately  before  the  change  in  the 
date  of  the  regular  election  from  the  first  Monday  in  June  to  the  first 
Tuesday  after  the  first  Monday  in  November. 

(b)  When  candidates  for  the  offices  of  President  and  Vice-President 
of  the  United  States  are  to  be  nominated,  every  qualified  elector  of  a 
political  party  subject  to  this  law  shall  have  opportunity  to  vote  his 
preference,  on  his  party  nominating  ballot,  for  his  choice  for  one  person 
to  be  the  candidate  of  his  political  party  for  President,  and  one  person 
to  be  the  candidate  of  his  political  party  for  Vice-President  of  the  United 
States,  either  by  writing  the  names  of  such  persons  in  blank  spaces  to 
be  left  on  said  ballot  for  that  purpose,  or  by  marking  with  a  cross  before 
the  printed  names  of  the  persons  of  his  choice,  as  in  the  case  of  other 
nominations.  The  names  of  any  persons  shall  be  so  printed  on  s-sid  bal- 
lots solely  on  the  petition  of  their  political  supporters  in  Oregon,  without 
such  persons  themselves  signing  any  petition,  signature  or  acceptance. 
The  names  of  persons  in  such  political  party  who  shall  be  presented  by 
petition  of  their  supporters  for  nomination  to  be  party  candidates  for 
the  office  of  President  or  Vice-President  of  the  United  States,  shall  be 
pi'inted  on  the  nominating  official  ballot,  and  the  ballots  shall  be  marked, 
and  the  votes  shall  be  counted,  canvassed  and  returned  in  like  manner 
and  under  the  same  conditions  as  to  names,  petitions  and  other  matters, 
as  far  as  the  same  are  applicable,  as  the  names  and  petitions  of  aspirants 
for  the  party  nominations  for  the  office  of  Governor  and  for  United 
States  Senator  in  Congress  are  or  may  be  by  law  required  to  be  marked, 
filed,  counted,  canvassed  and  returned. 

(c)  The  members  of  the  political  parties  subject  to  this  law  shall 
elect  their  party  delegates  to  their  national  conventions  for  the  nomina- 
tion of  their  party  candidates  for  President  and  Vice-President  of  the 
United  States,  and  shall  nominate  candidates  for  their  party  president!  ,1 
electors  at  such  nominating  election.  The  Governor  shall  grant  a  certifi- 
cate of  election  to  each  of  the  delegates  so  elected,  which  certificates 
shall  show  the  number  of  votes  received  in  the  State  by  each  person  of 
such  delegate's  political  party  for  nomination  as  its  candidate  for  Presi- 
dent and  Vice-President.  Nominating  petitions  for  the  office  of  delegate 
to  the  respective  party  national  conventions,  to  be  chosen  and  elected  at 
said  nominating  election,  shall  be  sufficient  if  they  contain  a  number 
of  signatures  of  the  members  of  the  party  equal  to  one  per  cent  of  the 
party  vote  in  the  State  at  the  last  preceding  election  for  Representative 


164  Pamphlet  Containing  Measures  to  be 

in  Congi-ess;  provided  that  not  more  than  five  hundred  signatures  shall 
be  required  on  any  such  petition.  Every  qualified  voter  shall  have  the 
right  at  such  nominating  election  to  vote  for  the  election  of  one  person 
and  no  more  to  the  office  of  national  delegate  for  his  party,  and  to  vote 
for  the  nominat' jn  of  one  aspirant  and  no  more  for  the  office  of  presi- 
dential elector  as  the  candidate  of  his  party.  A  number  of  such  candi- 
dates equal  to  the  number  of  delegates  to  be  elected  by  each  party  which 
is  subject  to  the  provisions  of  this  law,  receiving,  respectively,  each  for 
himself,  the  highest  number  of  votes  for  such  office,  shall  be  thereby 
elected.  Every  political  party  subject  to  the  provisions  of  this  law  shall 
be  entitled  to  nominate,  at  said  nominating  election,  as  many  candidates 
for  the  office  of  presidential  elector  as  there  are  such  officers  to  be  elected; 
that  number  of  aspirants  in  every  such  party  who  shall  receive,  respec- 
tively, each  for  himself,  the  highest  number  of  votes  of  his  party  for 
that  nomination,  shall  be  thereby  nominated  as  a  candidate  of  his  political 
party  for  the  office  of  presidential  elector. 

(d)  Every  delegate  to  a  national  convention  of  a  political  party  recog- 
nized as  such  organization  by  the  laws  of  Oregon,  shall  receive  from  the 
State  treasury  the  amount  of  his  traveling  expenses  necessarily  spent 
in  actual  attendance  upon  said  convention,  as  his  account  may  be  audited 
and  allowed  by  the  Secretary  of  State,  but  in  no  case  to  exceed  two 
hundred  dollars  for  each  delegate;  provided,  that  such  expenses  shall 
never  be  paid  to  any  greater  number  of  delegates  of  any  political  party 
than  would  be  allowed  such  party  under  the  plan  by  which  the  number 
of  delegates  to  the  Republican  National  Convention  was  fixed  for  the 
Republican  party  of  Oregon  in  the  year  190S.  The  election  of  such 
national  delegates  for  political  parties  not- subject  to  the  Direct  Primary 
Nominating  Elections  Law  shall  be  certified  in  like  manner  as  nomina- 
tions of  candidates  of  such  political  parties  for  elective  public  offices. 
Every  such  delegate  to  a  national  convention  to  nominate  candidates  for 
President  and  Vice-President,  shall  subscribe  an  oath  of  office  that^  he 
will  uphold  the  Constitution  and  laws  of  the  United  States  and  of  the 
State  of  Oregon,  and  that  he  wVl,  as  such  officer  and  delegate,  to  the 
best  of  his  judgment  and  ability,  faithfully  carry  out  the  wishes  of  his 
political  party  as  expressed  by  its  voters  at  the  time  of  his  election. 

(e)  The  committee  or  organization  which  shall  file  a  petition  to  place 
the  name  of  any  person  on  the  nominating  ballot  of  their  political  party 
to  be  voted  for  by  its  members  for  expression  of  their  choice  for  nomina- 
tion as  the  candidate  of  such  party  for  President  or  Vice-President  of 
the  United  States,  shall  have  the  right,  upon  payment  therefor,  to  four 
pages  of  printed  space  in  the  campaign  books  of  such  political  party 
provided  for  by  Sections  4  and  5  of  the  law  proposed  by  initiative  peti- 
tion and  enacted  by  the  people  of  Oregon  at  the  general  election  in  June, 
1908,  entitled,  "A  bill  to  propose  by  initiative  petition  a  law  to  limit 
candidates'  election  expenses;  to  define,  prevent  and  punish  corrupt  and 
illegal  practices  in  nominations  and  elections;  to  secure  and  protect  the 
purity  of  the  ballot;  to  amend   Section  2775  of  Bellinger  and  Cotton's 


SUBMITTED  TO  VOTERS  OF  OREGON  NOVEMBER  8,  1910      165 


Annotated  Codes  and  Statutes  of  Oregon;  to  provide  for  furnishing  in- 
formation to  the  electors  and  to  provide  the  manner  of  conducting  contests 
for  nominations  and  elections  in  certain  cases,"  as  printed  on  pages  15 
to  38  of  the  Genei'al  Laws  of  Oregon  for  the  year  1909.  In  this  space 
said  committee  shall  set  forth  their  statement  of  the  reasons  why  such 
person  should  be  voted  for  and  chosen  by  the  members  of  their  party  in 
Oregon  and  in  the  Nation  as  its  candidate.  Any  qualified  elector  of  any 
such  political  party  who  favors  or  opposes  the  nomination  of  any  person 
by  his  own  political  party  as  its  candidate  for  President  or  Vice-President 
of  the  United  States,  may  have  not  exceeding  four  pages  of  space  in  his 
aforesaid  party  nominating  compaign  book,  at  a  cost  of  one  hundred 
dollars  per  printed  page,  to  set  forth  his  reasons  therefor. 

(f)  Evei-y  person  regularly  nominated  by  a  political  party,  recognized 
as  such  by  the  laws  of  Oregon,  for  President  or  Vice-President  of  the 
United  States,  or  for  any  office  to  be  voted  for  by  the  electors  of  the 
State  at  large,  or  for  Senator  or  Representative  in  Congress,  shall  be 
entitled  to  use  four  pages  of  printed  space  in  the  State  campaign  book 
provided  for  by  Sections  6  and  7  of  the  above  entitled  "Law  to  limit 
candidates'  election  expenses;  to  define,  prevent  and  punish  corrupt  and 
illegal  practices  in  nominations  and  elections;  to  secure  and  protect  the 
purity  of  the  ballot;  to  amend  Section  2775  of  Bellinger  and  Cotton's 
Annotated  Codes  and  Statutes  of  Oregon;  to  provide  for  furnishing  in- 
formation to  the  electors  and  to  provide  the  manner  of  conducting  con- 
tests for  nominations  and  elections  in  certain  cases,"  as  printed  on  pages 
15  to  38  of  the  volume  of  the  General  Laws  of  Oregon  for  1909.  In  this 
space,  the  candidate,  or  his  supporters  with  his  written  permission  filed 
with  the  Secretary  of  State,  may  set  forth  the  reasons  why  he  should  be 
elected.  No  charge  shall  be  made  against  candidates  for  President  and 
Vice-President  of  the  United  States  for  this  printed  space.  The  other 
candidates  above  named  shall  pay  at  the  rate  of  one  hundred  dollars  per 
printed  page  for  said  space,  and  said  payment  shall  not  be  counted  as 
a  part  of  the  ten  per  cent  of  one  year's  salary  that  each  candidate  is 
allowed  to  spend  for  campaign  purposes.  If  this  bill  shall  be  approved 
by  the  people  the  title  of  the  bill  shall  stand  as  the  title  of  the  law. 


166  Pamphlet  Containing  Measures  to  be 


ARGUMENT 

(affirmative) 

SUBMITTED   BY 

THE  PEOPLE'S  POWER  LEAGUE  OF  OREGON 
in  favor  of  the  measure  designated  on  the  official  ballot  as  follows; 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  amend  the  direct  primary  law  by- 
extending  its  provisions  to  presidential  nominations, 
allowing  voters  to  designate  their  choice  for  their 
party  candidates  for  President  and  Vice-President; 
for  direct  nomination  of  party  candidates  for  presi- 
dential electors;  for  election  by  party  voters  of 
delegates  to  their  party  national  nominating  conven- 
tions, each  voter  voting  for  one  delegate;  for  payment 
of  delegates'  actual  traveling  expenses,  not  exceeding 
two  hundred  dollars  for  each  delegate,  and  extending 
the  publicity  rights  of  candidates  in  the  State  nomi- 
nating and  general  election  campaign  books.  Vote  YES  or  NO. 


Yes. 


857.  No. 


THE  PEOPLE'S  POWER  LEAGUE  OF  OREGON 
offers  this  argument  to  explain  and  advocate  the  approval  by  the  people 
of  the  following  measures  proposed  by  the  League  by 

initiative  petitions:  "^ 

Off.-ial  Ballot  No.  356.— A  bill  for  a  law  to  extend  the  Direct  Primary 
Nominating  Elections  Law  to  presidential  campaigns  and  nominations, 
to  delegates  to  national  conventions  and  to  presidential  electors-  by 
amending  Section  2. 

Official  Ballot  No.  360. — A  constitutional  amendment  to  provide  a  plan 
for  the  election  of  members  of  the  Legislative  Assembly  by  proportional 
representation;  increase  the  people's  initiativ>?,  referendum  and  recall 
powers;  prevent  log-rolling,  hasty  legislation  and  abuse  of  the  emergency 
clause,  and  generally  to  provide  for  such  organization  of  the  Legislative 
Assembly  as  will  fairly  represent  the  people  of  Oregon  and  obtain  per- 
formance of  legislative  duties. 

Official  Ballot  No.  358. — A  bill  for  a  law  to  provide  for  impartial  in- 
spection and  reports  on  State  and  local  public  offices,  and  publication 
of  such  reports,  and  of  general  news  of  progress  in  government,  in  the 
Oregon  Official  Gazette  magazine  to  be  mailed  free  to  every  registered 
voter. 

Official   Ballot  No.  362. — A  constitutional  amendment  to  allow  three- 


Submitted  to  Voters  of  Oregon  No^^MBER  8, 1910    167 

fourths  of  a  jury  to  render  a  verdict  in  civil  cases,  and  to  generally 
simplify  court  procedure,  especially  appeals  to  the  Supreme  Court. 

The  following  list  gives  the  names  of  the  officers,  executive  committee, 
and  members  of  the  People's  Power  League: 

OFFICERS. 

Ben  Selling,  of  Portland President 

George  M.  Orton,  of  Portland. Vice-President 

B.  Lee  Paget,  of  Portland Treasurer 

W.  S.  U'Ren,  of  Oregon  City Secretary 

EXECUTHE  COMMITTEE. 

Henry  Hahn.  Will  Daly.  C.  H.  Gram. 

Henry  E.  McGinn.  Harry  Lane.  C.  E.  S.  Wood. 

Frank  Williams.  H.  W.  Stone.  Thomas  G.  Greene. 

Charles  K.  Henry.  Walter  M.  Pierce.  F.  McKercher. 

Jonathan  Boui-ne,  Jr.  H.  J.  Parkinson. 

MEMBERS. 

Henry  E.  McGinn.  J.  P.  Rasmussen.  V.  R.  Hyde. 

Thomas  G.  Gi-eene.  D.  A.  Patuilo.  Henry  Hahn. 

F.  McKercher.  A.  J.  Dygert.  W.  P.  Olds. 
E.  S.  J.  McAllister.  R.  R.  Perkins.  B.  Lee  Paget. 

G.  M.  Orton.  Fred  C.  King.  George  M.  Cornwall. 
H.  J.  Parkison.  Saml.  J.  Secor.  A.  D.  Cridge. 

Lute  Pease.  J.  T.  Carleson.  C.  H.  Chapman. 

Ben  Selling.  John  R.  Oatfield.  Lee  M.  Clark. 

W.  S.  U'Ren.  H.  N.  Ross.  c.  Schuebel.  * 

Alanson  M.  Hines.  Harry  Yanckwich.  p^..^^j^  Williams. 

B.  E.  Haney.  E.  C.  Johnson.  ^    ^   ^^^^^^^^ 
John  F.  Risley.  H    B.  Nicholas  ^^^^^  ^^^^^^^ 
W.  T.  Houser.  Miller  Murdock.  ^    ^ 

Frank  H.  Adams.  K.  E.  Karlson.  ^^^^,^^  j.    ^^^^^.^^ 

N.  Campbell.  W.  E.  Finzer.  ^  Thiessen. 

Wm.  MacKenzie.  Dr.  D.  Chambers.  j    j^i    Windsor. 

J.  M.  Lawrence.  Geo.  J.  S^haefer.  Walter  M.  Pierce. 

J.  F.  Sinnott.  H.  G.  Reed.  O.  D.  Teel. 

C.  E.  S.  Wood.  P.  L.  McKenzie.    ,  Arthur  Brock. 
J.  T.  Hinkle.  F.  W.  Graves.  A.  C.  Libby. 
W.  A.  Huntley.  C.  C.  Cline.  Will  Daly. 
John  A.  Jeffrey.  R.  W.  Montague.  H.  W.  Stone. 
H.  L.  Barkley.  John  B.  Goddard.  A.  C.  Staten. 
W.  T.  Euston.  L.  A.  Crawford.  C.  L.  Hamilton. 
Albert  E.  Ayers.  C.  W.  Davis.  M.  C.  Reed. 
H.  Denlinger.  A.  J.  Clarke.  T.  E.  Kirby. 
Seneca  Smith.  Max  Michel.  W.  G.  Eggleston. 
J.  Goodman.  Seneca  Fonts. 

This  league  is  largely  composed  of  the  same  group  of  men  who  pro- 
posed the  initiative  and  referendum  amendment  in  1902,  the  direct  pri- 


168  Pamphlet  Containing  Measures  to  br 

mary  law  in  1904,  and  home  rule  for  cities  and  other  measures  of  the 
People's  Power  League  of  1906,  and  the  recall  and  other  People's  Power 
measures  in  1908.  Its  object  is  to  perfect  the  direct  power  of  the  voters 
of  Oregon  over  their  State  and  local  government  in  all  its  branches  and 
officers.  Many  of  our  members  were  with  Mr.  Ed.  Bingham  in  1890 
in  his  agitation  for  the  Australian  ballot  law  and  the  registration  law  in 
1899. 

We  believe  the  approval  of  the  above  four  measures  by  the  people  will 
greatly  strengthen  and  improve  the  necessary  practical  methods  by  which 
the  voters  of  Oregon  will  be  able  to  quickly,  directly  and  effectively  use 
their  supreme  power  over  the  officers  as  well  as  the  laws  of  our  State 
and  local  government,  and  at  the  same  time  to  have  accui'ate  and  full 
loiowledge  of  the  subjects  on  which  they  act. 

DIRECT   PRIMARY    LAW    AMENDMENT. 

The  purpose  of  the  bill  extending  the  direct  primary  nominations  law 
to  presidential  campaigns  and  nominations  is  to  increase  the  people's 
power  in  four  ways: 

1.  Giving  voters  the  right  to  express  upon  the  official  ballots,  in  the 
primaries,  their  choice  for  their  party  candidates  for  President  and  Vice- 
President   (Section  2b). 

2.  Allowing  all  members  of  the  political  parties  that  are  subject  to 
the  direct  primary  law  to  elect  their  party  delegates  to  their  national 
conventions   (Section  2c). 

3.  Giving  party  voters  the  power  to  nominate  their  party  candidates 
for  presidential  electors   (Section  2c). 

4.  Extending  the  publicity  rights  of  candidates  in  the  party  and  State 
campaign  books  provided  for  by  the  corrupt  practices  law  and  including 
the  above  named  classes  of  candidates  for  party  nominations  (Section  2e). 

The  people  of  Oregon  have  learned,  and  those  in  other  states  are  learn- 
ing, that  the  power  to  nominate  is  more  important  than  the  power  to 
elect.  When  members  of  a  party  give  the  power  of  nomination  to  a 
few  delegates  in  a  convention,  they  open  the  door  for  selfish  inierests, 
combinations  and  fraud  to  control  the  convention.  To  delegate  the  pov/er 
of  nomination  is  to  encourage  carelessness  among  the  voters.  The  sys- 
tem of  convention  nominations  often  causes  the  candidate  to  feel  under 
greater  obligation  to  the  delegates  and  bosses  than  he  does  to  the  people. 
The  candidate  who  is  responsible  to  all  the  voters  will  give  better  service 
to  the  people  than  one  who  is  under  obligations  to  a  party  boss,  a  political 
machine  or  a  few  delegates. 

Under  the  convention  system,  as  is  well  known,  a  very  few  men  make 
up  the  "slate"  in  the  primaries,  and  delegates  to  state  and  national  con- 
ventions are  often  chosen  long  before  the  nominating  conventions  are 
held.  It  is  well  known,  too,  that  men  who  oppose  a  political  machine  are 
very  seldom  selected  as  delegates  to  a  state  or  national  convention. 

The  people  of  Oregon  and  of  some  other  states  have  found  that  direct 


Submitted  to  Voters  of  Oregon  November  8, 1910    169 

nominations  of  candidates  for  city,  county  and  state  officers  are  of  benefit 
to  the  people.  The  extension  of  the  direct  primary  system  to  candidates 
for  President  and  Vice-President  would  be  of  much  greater  advantage  to 
the  people  because  of  the  great  power  of  these  officers. 

In  Mexico  today  we  see  the  result  of  a  great  federal  political  machine 
controlled  by  the  President.  Under  the  convention  system  of  appointing 
delegates  to  the  national  conventions  it.  is  possible  for  the  same  result 
to  be  brought  about  by  the  power  of  our  President  to  control  office- 
holders and  build  a  huge  political  machine,  with  which  he  may  dictate 
the  nomination  of  his  successor.  This  will  be  impossible  if  the  people 
elect  and  instruct  their  own  delegates  and  pay  the  necessary  traveling 
expenses.  The  total  expense  to  the  State  could  not  exceed  eight  thousand 
dollars  at  the  1912  election.  It  should  be  worth  more  than  that  to  the 
earners  of  three  dollars  a  day  or  less  to  make  it  possible  that  they  should 
be  represented  by  men  of  their  own  class  in  the  national  conventions  that 
nominate  the  party  candidates  for  President  and  Vice-President.  It 
should  be  worth  more  than  that  to  the  man  whose  income  is  more  than 
three  dollars  a  day  to  know  that  the  State  and  his  political  party  are  not 
deprived  of  the  services  of  any  citizen  because  he  cannot  afford  to  pay 
his  traveling  expenses  to  the  convention.,  and  also  to  know  that  every 
class  of  citizens  within  the  party  had  an  equal  chance  to  be  fairly  rep- 
resented among  the  delegates  from  Oregon  who  help  to  nominate  the 
party  candidates  for  President  and  Vice-President. 

In  the  interest  of  American  liberty  and  progress,  the  taking  over  by 
the  people  of  the  United  States  of  this  direct  power  to  nominate  the 
candidates  for  President  and  Vice-President,  is  of  the  utmost  importance. 
No  other  power  has  so  great  influence  on  the  daily  lives  and  prosperity  of 
the  citizens  as  the  President.  He  is  as  much  more  important  than  any 
State  officers  as  the  Governor  is  more  important  than  the  county  judge. 
Oregon  has  already  developed  the  steps  necessary  for  the  application  of 
the  principle  of  direct  nominations,  and  now  it  remains  only  to  extend 
and  apply  these  principles  to  the  nomination  of  President  and  Vice- 
President  and  the  election  of  delegates  to  the  respective  national  conven- 
tions. When  this  shall  be  done  by  the  Nation,  the  people  of  the  United 
States  may  directly  exert  and  control  all  the  influence  and  power  nation- 
ally that  the  people  of  Oregon  now  have  in  the  nomination  and  election 
of  local  candidates  for  office.  The  other  States  will  very  quickly  follow 
the  example  of  any  State  that  succeeds  in  the  practical  application  of 
these  principles  in  its  election  laws. 

people's  power  l,F.r.ISLATrVE  AMENDMENT. 

The  proposed  amendment  of  Article  IV  of  the  Constitution,  if  approved 
by  the  voters,  will  increase  the  people's  power;  further  restrict  the  powers 
of  the  legislature  and  of  city  counciks;  give  legislators?  a  salary  equal  to 
fair  wages  for  their  time,  so  that  any  qualified  farmer,  clerk,  teacher 
or  wagp- worker   can   afford   to   serve   in   t.h*>   1«gislsfciir«:   secure  el«ct}on 


170  Pamphlet  Containing  Measures  to  be 

of  legislators  by  equal  proportions  of  the  votes  cast  instead  of  by  mere 
pluralities  or  actual  minorities;  prevent  log-rolling,  hasty  legislation, 
abuse  of  the  emergency  clause  and  wasteful  increase  of  appropriations. 

Increase  of  People's  Power. — The  initiative  and  referendum  are  ex- 
tended to  every  form  of  legislative  act,  ordinance  and  i-esolution.  Power 
to  alter,  amend  or  repeal  any  law  is  expressly  reserved  by  the  people. 
The  recall  power  of  the  people  is -increased  (in  Section  3)  by  giving  them 
the  right  to  recall  the  whole  Legislative  Assembly,  or  the  Senate,  or  the 
House  of  Representatives,  or  any  Senators  or  Representatives.  The 
amendment  increases  the  local  initiative  and  referendum  powers  of  the 
people. 

Abuse  of  the  Emergency. — Section  Ic  provides  that  no  emergency  law 
or  ordinance  can  be  made  by  the  legislature  or  a  city  council  unless  three- 
fourths  of  all  the  members  elected  vote  for  the  emergency  on  a  separate 
roll  call,  and  provides  for  referendum  petitions  against  emergency  meas- 
ures; also,  that  an  emergency  shall  not  be  declared  on  any  measure  creat- 
ing or  abolishing  any  office  or  to  change  the  salary,  term  or  duties  of 
any  officer.  Section  Ic  prohibits  the  legislature  or  city  council  from 
amending  or  repealing  any  law  or  ordinance  enacted  by  the  people  unless 
three-fourths  of  the  members  of  the  legislature,  or  a  city  council,  vote 
for  the  repeal  or  amendment  of  the  law  or  ordinance,  as  the  case  may  be. 

By  Section  Id  every  attempt  to  grant  a  franchise  or  use  of  roads, 
streets  or  any  other  public  propei'ty  is  subject  to  referendum  by  petition. 
No  partly  private  corporation,  like  a  railroad  company,  will  be  able  to 
condemn  property  in  towns  or  cities,  and  a  purely  private  corporation 
cannot  be  allowed  to  condemn  any  property. 

Term  and  Salary  of  Legislators. — Section  2  provides  that  Senators  and 
Representatives  shall  be  elected  for  a  term  of  six  yeai-s,  and  abolishes 
the  "hold-over"  system  for  Senators.  Section  28  provides  that  each 
Senator  and  each  Representative  shall  receive  an  annual  salary  of  $^50.00 
and  the  amount  of  his  necessary  fares  in  going  to  and  retui'ning  from  the 
State  Capitol. 

Is  $330  a  year  too  much  to  pay  a  legislator?  This  amendment  will  be 
approved  or  rejected  by  the  voters  wlio  get  $3  a  day  or  less.  Four  out 
of  five  wage-workei's,  teachers  and  farmers  of  Oregon  do  not  make  more 
than  $3  a  day.  These  men  can  be  elected  by  the  proportional  system  of 
elections,  but  they  cannot  serve  in  the  legislature  for  $60  a  year.  A 
campaign  generally  takes  about  thirty  days  of  a  candidate's  time,  and 
if  he  is  elected  the  session  takes  about  forty  more.  As  a  rule,  his  cam- 
paign will  cost  him  not  less  than  $100;  expenses  at  Salem  $100;  loss  of 
seventy  days  at  $3  a  day  means  a  loss  of  $210;  total  cost  of  serving  the 
people  for  one  session,  $410,  and  the  State  pays  him  now  $120  for  two 
years;  so  the  net  average  loss  to  the  member  is  $290.  Every  ad  iitional 
day  the  legislator  gives  to  the  State's  business  is  that  much  more  loss 
to  himself. 

Can  the  people  afford  to  deprive  themselves  of  the  services  of  a 
qualified  citizen  because  he  is  too  poor  to  make  the  sacrifice  now  neces- 


Submitted  to  Voters  of  Oregon  November  8, 1910  171 

sary  to  serve  them?  Four  out  of  five  of  the  voters  of  Oregon  cannot 
afford  to  be  candidates  for  the  legislature.  Are  the  teachers,  farmers 
and  wage-workers  who  get  $3  a  day  less  intelligent  or  patriotic  than 
the  men  who  get  $10  or  $15  a  day?  Is  it  strange  that  most  members  of 
the  legislature  are  lawyers,  bankers,  merchants  and  doctors,  or  profes- 
sional politicians?  The  salary  makes  no  difference  to  them.  They  would 
be  glad  to  take  the  office  without  any  salary.  Surely  $350  a  year  is  not 
more  salary  than  is  necessary  to  make  it  possible  for  all  classes  of  bread- 
winners to  be  represented  in  the  legislature  of  Oregon. 

The  reason  for  the  six-year  term  is  that  a  member  of  the  legislature 
is  far  more  useful  in  his  second  than  in  his  fiist  session;  and  one  who 
has  served  several  sessions  is  more  useful  than  a  new  member.  If  this 
amendment  is  adopted,  every  member  will  serve  six  years  unless  he  is 
so  much  of  a  failure  that  his  people  at  home  recall  him.  State  Senators 
are  now  elected  for  four  years,  and  the  Senate  is  generally  believed  to 
be  a  more  efficient  body  than  the  House,  but  it  is  because  of  the  Senators' 
longer  experience  and  not  because  of  greater  natural  ability. 

The  British  House  of  Commons  is  one  of  the  most  efficient  legislative 
bodies  in  the  world.  Its  members  are  elected  for  seven  years,  but  they 
cannot  be  recalled  as  the  Oregon  legislature  can  be  if  the  voters  approve 
this  amendment.  With  the  extensive  recall  power  reserved  by  the  people 
in  this  amendment,  there  can  be  no  harm  from  the  six-year  term,  and  the 
people  will  have  all  the  advantages  of  the  efficiency  that  comes  from  long 
experience  in  legislative  work.  Annual  sessions  of  the  legislature  are 
provided  because  if  appropriations  are  made  for  only  one  year  at  a  time, 
the  legislators  can  estimate  closely  the  State's  actual  needs  and  expenses, 
but  where  the  appropriation  is  for  two  years,  a  good  margin  must  be 
left  for  unforeseen  expenses,  and  this  is  a  temptation  to  extravagance. 
The  difference  will  more  than  pay  for  the  yearly  session. 

Proportional  Representation. — The  amendment  provides  (Section  4) 
that  any  candidate  for  State  Representative  shall  be  elected  if  he  is  voted 
for  by  one-sixtieth  of  the  voters  of  the  State,  and  that  any  candidate  for 
State  Senator  shall  be  elected  if  he  is  vo'ted  for  by  one-thirtieth  of  the 
voters  of  the  State.  Section  4a  provides  for  the  nomination  of  candi- 
dates for  the  Senate  and  House.  Every  voter  will  have  the  right  to  vote 
for  one  candidate  for  State  Representative  itnd  no  more,  and  for  one 
candidate  for  State  Senator  and  no  more  (Section  4a).  No  change  what- 
ever is  made  in  the  present  form  of  the  ballot,  or  the  manner  of  voting,  nor 
in  the  counting  of  the  ballots  by  the  precinct  judges  and  county  clerks. 
Section  4b  tells  how  the  votes  are  to  be  canvassed  by  the  Secretary  of 
State  for  all  the  candidates  for  the  legislature,  and  the  work  in  his  office 
is  very  simple. 

Let  us  take,  for  example,  the  general  election  of  1903  and  suppose  that 
the  whole  number  of  votes  cast  in  the  State  by  the  different  parties  for 
Representatives  in  the  Legislative  Assembly  is  the  same  as  at  that  elec- 
tion for  Representatives  in  Congress.  The  abstract  in  the  Secretary  of 
State's  office  of  votes  for  Representatives  in  the  Legislative  Assembly 


172  Pamphlet  Containing  Measures  to  be 

would  show  a  total  of  110,252  votes;  he  would  divide  that  number  by  60, 
being  the  number  of  Representatives  to  be  elected,  and  the  quotient  would 
be  the  number  of  votes  necessary  to  insure  the  election  of  one  Repre- 
sentative; it  is  called  the  "quota,"  and  in  this  case  would  be  1,837  votes. 
The  Secretary  of  State  would  then  use  the  quota  to  divide  the  total  num- 
ber of  votes  received  by  all  the  candidates  of  the  Republican  party  in 
the  State;  that  is,  he  would  divide  67,468  votes  by  the  quota  1,837;  the 
result  shows  that  the  Republican  party  would  have  36  full  quotas  of 
votes  and  be  thereby  entitled  to  36  seats  for  Representatives  by  full 
quotas,  and  would  have  a  remainder  of  1,336  votes.  Thirty-six  Republi- 
cans would  thus  be  elected  by  full  quotas,  beginning  with  that  Republican 
candidate  who  had  the  highest  number  of  votes  for  himseif  and  going 
dov/nward  to  the  one  who  had  the  thirty-sixth  highest  number  of  votes 
for  himself.  In  this  particular  example  the  Republican  party  would  also 
be  entitled  to  one  seat  for  its  remainder  of  1,336  votes,  and  this  would 
be  given  to  the  candidate  of  that  party  having  the  next  highest  number 
of  votes  for  himseif,  so  that  the  37  Republican  candidates,  the  lowest  of 
whom  received  a  higher  number  of  votes  than  any  of  the  remaining  23 
Republican  candidates,  would  thereby  be  elected.  The  23  Republican 
candidates  having  the  lowest  number  of  votes  would  be  defeated. 

The  Secretary  of  State  would  treat  the  votes  and  candidates  of  the 
other  parties  in  exactly  the  same  manner.  The  Democrats  have  28,706 
votes,  which  divided  by  the  quota  of  1,837  would  show  that  party  entitled 
to  15  scats  by  full  quotas  and  there  would  be  a  remainder  of  1,151  votes. 

This  would  be  the  second  highest  remainder  and  the  Democrats  would 
take  one  seat  for  that.  The  16  Democrats  who  had  personally,  each  for 
himself,  the  highest  number  of  Democratic  votes,  would  be  thereby 
elected,  and  the  remaining  44  Democratic  candidates  would  be  defeated. 
The  Socialists  have  8,204  votes,  which  would  entitle  that  party  to^four 
seats  by  full  quotas  and  leave  a  remainder  of  836  votes.  The  Prohibi- 
tionists have  5,874  votes,  which  would  entitle  that  party  to  three  seats 
by  full  quotas  and  would  leave  a  remainder  of  363  votes.  In  this  example 
58  Representatives  would  be  elected  by  full  quotas  of  votes  in  four  dif- 
ferent parties  and  two  seats  must  be  filled  by  remainders;  these  two 
seats  are  distributed  as  above  stated  to  the  different  parties  having  the 
highest  remainders,  beginning  with  that  one  whose  remainder  is  nearest 
to  the  full  quota  of  1,837  votes. 

The  work  would  be  no  more  difficult  in  the  Secretary  of  State's  cfRce 
if  the  vote  were  split  up  among  a  dozen  different  parties,  but  the  system 
forces  the  existing  parties  to  put  forth  as  candidates  their  very  best 
men;  for  that  reason  and  because  every  new  opinion  in  any  party  is  able 
oy  this  system  at  every  election  to  elect  its  own  just  proportion  of  the 
party  members,  proportional  representation  satisfies  in  very  great  degree 
the  demands  that  under  the  plurality  system  cause  the  continual  effort 
to  create  new  political  parties.  But  the  system  proposed  by  this  amend- 
ment insures  the  election  of  any  independent  or  new  party  candidate  for 
Representative  who  receives  one-sixtieth  of  the  whole  vote  of  the  State. 


Submitted  to  Voters  of  Oregon  November  8, 1910  173 

The  process  is  exactly  the  same  for  the  election  of  State  Senatoi's 
(Section  4e),  except  that  the  whole  number  of  votes  is  to  be  divided  by 
thirty  instead  of  by  sixty,  because  only  thirty  Senators  are  to  be  elected. 

The  theory  under  the  plurality  system  is  that  the  member  v/hen  elected 
becomes  the  Representative  of  those  v/ho  opposed  as  vvfcll  as  those  who 
elected  him.  It  is  impractical  and  wrong;  and  legislators  refuse  to  take 
any  stock  in  it.  Where  the  plurality  that  elects  a  legislator  v/ants  one 
thing,  and  the  divided  majority  that  failed  to  defeat  him  does  not  want 
that  thing,  it  is  impossible  for  that  member  to  represent  both  sides; 
nevertheless,  the  divided  majority  composed  of  many  minorities  has  a 
right  to  representation ;  and  under  this  simple  plan  of  proportional  rep- 
resentation these  minorities  will  be  fairly  represented  by  members  of 
their  own  choice. 

There  is  nothing  in  the  amendment  to  prevent  each  party  from  nomi- 
nating in  the  State  a  full  list  of  sixty  candidates  for  the  office  of  Repre- 
sentative, but  the  smaller  parties  are  not  likely  to  do  so  because  there 
v/ill  be  no  advantage  in  the  sacrifice.  For  example,  Clackamas  County 
is  a  typical  nominating  district  and  the  Representative  section  of  the 
ballot  at  the  general  election  would  look  something  like  this: 

FOR  REPRESENTATIVE  VOTE  FOR  ONE. 

64     Brown,  C.  H.       -| 

Go     Smith,  D.  C.  \ Republican 

C6     Young,  D.  C.         j 

G7     Lyte,  R.  A.  . 

68     Allen,  A.  C.  I Democrat 

C9     White,  R.  M.         J 

70  Linn,  E.  C.  ■) 

71  Green,  F.  T.  I Socialist 

72  Arnold,  G.  R.        ) 

73  Daly,  T.  C.  | 

74  Little,  O.  A.  I Prohibitionist 

75  Tay!or,R.  C.  j 

The  following  is  an  example  of  the  Secretary  of  State's  official  can- 
vass, except  that  he  would  give  the  names  of  the  successful  candidates 
of  each  party: 

Whole  No.  Quotas,  or  Remainder 

of  votes  number   of  of    votes 

Candidates             for  all  60ths  of  the  for  each 

in  the  State.        candidates,  whole  vote.  party. 

Republican  60                     67,468  36  1,336 

Democrat   60                     28,706  15  1,151 

Socialists  60                       8,204  4  856 

Prohibitionists    60                       5,874  3  363 


240 


110,252 


58 


8,686 


174  PaxMphlet  Containing  Measures  to  be 


Each  organization  is  entitled  to  as  many  seats  as  it  has  full  quotas  of 
votes;  and  in  the  above  example  the  four  different  organizations  get  fifty- 
eight  seats  by  full  quotas,  two  get  seats  by  the  highest  remainders,  and 
thus  the  sixty  seats  are  filled. 

Section  10  provides  that  the  Speaker  of  the  House  must  be  chosen  by 
the  members  but  he  shall  not  be  a  member.  He  shall  not  appoint  standing 
committees  and  shall  have  no  vote.  The  purpose  is  to  obtain  a  Speaker 
who  shall  be  a  non-partisan  presiding  officer  and  nothing  more  than 
that.  He  is  to  have  no  more  power  than  the  presiding  officer  of  the 
German  Reichstag  or  the  British  House  of  Commons.  The  President  of 
the  Senate  is  to  be  chosen  by  the  Senators  in  the  same  way  and  to  have 
the  same  power  and  no  more  authority  in  the  Senate.  These  officers  will 
thus  have  no  important  committee  places  to  trade  for  their  own  election, 
iind  therefore  will  be  chosen  by  the  members  solely  for  their  qualifica- 
tions and  fairness. 

Hasty  Legislation. — The  six-year  term  leaves  no  excuse  for  hasty  leg- 
islation. When  a  bill  is  introduced  it  is  placed  on  the  calendar  and  may 
be  passed  at  any  session  during  the  six-year  term  of  that  legislature,  so 
that  there  will  be  plenty  of  time  for  study  of  the  bill.  If  a  bill  is  intro- 
duced after  the  twentieth  day  of  a  session  it  shall  not  be  passed  at  that 
session  unless  it  is  an  emergency  measure.     (See  Section  31.) 

Lug-rolling. — Section  30  revises  the  oath  to  be  taken  by  a  legislator, 
and  is  designed  to  prevent  log-rolling  and  legislation  by  caucus.  The 
experience  of  the  people  of  Oregon  with  Statement  No.  1  gives  reason 
to  believe  that  most  of  the  legislators  will  keep  that  oath. 

Section  3  >,  relating  to  clerks  for  the  Sanate  and  House  committees, 
will  probably  save  $10,000  a  year  to  the  people  of  Oregon,  as  compared 
with  the  present  practice. 

OFFICIAL  GAZETTE  BILL. 

The  purpose  of  this  bill  is  to  establish  a  publicly-owned  magazine';'  or 
official  gazette,  to  tell  the  people  of  Oregon  about  their  State  and  local 
government,  and  to  create  a  board  of  three  People's  Inspectors  of  Gov- 
ernment, who  shall  edit  the  gazette  and  perform  the  duties  defined,  in 
Sections  2,  3  and  4  of  the  bill.  Sections  3  and  4  tell  what  is  to  be  published 
in  the  gazette.  Section  7  tells  how  the  (3)  People's  Inspectors  of  Gov- 
ernment are  to  be  elected  in  1912  and  thereafter,  and  Section  6  hov/ 
they  are  to  be  appointed  this  year  if  the  voters  approve  this  bill.  Section 
8  provides  for  the  expenses  and  salaries  of  the  inspectoi's.  The  gazette 
is  to  be  mailed  free  to  every  registered  voter;  expense  of  publishing  the 
gazette  is  limited  to  $1  a  year  for  each  registered  voter,  and  will  probably 
rot  exceed  GO  cents  per  voter. 

How  can  all  the  voters  get  all  the  important  news  of  government? 
Congress  publishes  the  Congressional  Record,  which  tells  what  is  said 
in  Congress  but  does  not  give  the  much  more  important  information  as 
to  what  is  done;  the  Department  of  Agriculture  prints  thousands  of 
valuable  reports  for  free  distribution;  the  Treasury  Department  prints 


Submitted  to  Voters  of  Oregon  November  8, 1910    175 


statistical  abstracts  and  other  important  news,  and  the  Interstate  Com- 
merce Commission  publishes  valuable  reports;  and  from  all  of  these  the 
daily  and  weekly  newspapers  get  important  information  that  they  publish 
as  news  for  their  readers.  The  Governor  and  all  other  public  officers 
make  reports,  which  are  printed  once  in  two  years  and  distributed  free; 
but  long,  detailed  tables  of  statistics  make  up  the  greater  part  of  these 
reports.  The  census  bulletins  are  distributed  free,  and  the  newspapers 
publish  as  news  many  columns  from  the  census  reports. 

The  city  of  Denver,  Colorado,  publishes  "Denver  Municipal  Facts" 
every  week,  and  distributes  the  paper  to  the  voters  free.  San  Francisco 
publishes  a  paper  called  the  "Municipal  Report,"  which  is  distributed 
free.  The  purpose  of  all  these  reports  is  to  give  information  to  the 
voters  concerning  their  government,  but  most  of  these  publications  are 
in  some  degree  partisan.  All  of  them  together  give  only  a  little  of  the 
important  news  of  government  and  to  only  a  very  few  of  the  voters. 

Oregon  publishes  a  pamphlet  of  measures  to  be  voted  on,  with  argu- 
ments in  favor  of  and  against  the  n^easures,  and  mails  it  free  to  every 
registei'ed  voter.  The  proposed  Oregon  Official  Gazette  is  an  extension 
of  the  State  pamphlet  idea  in  that  ic  is  to  be  printed  every  two  months, 
and  differs  from  the  other  experiments  in  providing  for  absolutely  non- 
partisan reports  and  all  the  news  of  government  for  all  the  voters,  by 
officers  who  have  no  other  duties  tlian  those  defined  in  the  proposed  bill, 
who  will  get  their  offices,  their  authority  and  their  appropriations  directly 
from  the  people,  and  are  responsible  directly  to  the  people  and  to  no 
one  else. 

Need  for  Inspectors. — The  people  of  Oregon  pay  $11,888,039.89  (almost 
twelve  million  dollars)  every  year  of  direct  public  taxes  on  property;  they 
pay  also  at  least  another  million  dollars  for  poll  and  occup  ition  taxes 
and  licenses.  These  sums  do  not  include  any  of  the  indirect  taxes  the 
people  of  Oregon  pay  to  support  the  national  government.  Many  busi- 
ness men  say  that  if  the  State,  county,  city  and  district  governments  of 
Oregon  were  managed  under  an  efficient  business  system,  the  people 
could  get  better  public  service  for  eight  million  dollars  than  they  now 
get  for  thirteen  million  dollars. 

A  number  of  different  plans  have  been  published  showing  how  an 
efficient  business  organization  of  State,  city  and  county  governments 
could  be  made  to  save  the  taxpayers  at  least  five  million  dollars  a  year. 
The  gazette,  going  every  two  months  to  every  voter,  will  give  the  people 
ample  opportunity  to  consider  and  discuss  such  proposals. 

By  such  comparison  of  ideas  and  criticism  of  measures  as  will  be 
possible  in  the  gazette,  the  people  will  make  a  system  for  applying  busi- 
ness principles  to  government  business.  The  !^-,avings  by  such  a  system 
ir  one  year  would  pay  the  cost  of  the  gazette  for  fifty  years  at  the 
estimated  rate  of  expense. 

Need  for  the  Official  Gazette. — To  show  the  necessity  for  an  official 
gazette,  which  would  be  owned  and  controlled  by  the  people  of  Oregon, 
we  quote  the  following  from  the  New  York  Evening  Post  of  June  9,  1910: 


176  Pamphlet  Containing  Measures  to  be 

"As  a  protest  against  the  daily  journalism  with  which  Boston  is  now 
favored  or  afflicted,  one  hundred  and  thirty-nine  citizens  have  supplied 
the  capital  for  a  new  weekly  entitled  the  Boston  Common,  six  issues  of 
which  have  now  appeared.  No  person  is  permitted  to  subscribe  for  less 
than  $100  or  more  than  $1,000  worth  of  stock,  and  the  names  of  the 
stockholders  can  be  had  on  application  at  the  oflfice.  The  purpose  of  this 
weekly  is  thus  stated: 

"The  motive  of  the  organization  is  to  publish  for  Boston  and  New 
England  a  weekly  journal  of  politics,  industry,  letters  and  criticism,  the 
primary  purpose  of  which  is  public  sex-vice  rather  than  private  profit, 
and  to  secure  for  this  publication  absolute  fre-edom  from  partisanship, 
sectarianism,  prejudice  and  the  control  and  mui;zling  of  "influence.' 

"It  is  indubitably  a  serious  state  of  affairs  when  139  citizens,  with 
no  desire  to  enter  journalism  as  a  business  venture,  find  it  necessary  to 
mdict  not  only  the  ability  of  the  press  but  its  trustworthiness.  It  is 
evident  that  not  one  of  Boston's  many  newspapers  has  convinced  this 
group  of  men  of  its  freedom  from  party  or  personal  bias  and  from  a 
malign  counting-room  influence." 

In  this  connection  we  respectfully  commend  to  all  the  voters  of  Oregon 
the  following  "General  Report  of  the  Committee  on  Legislation"  which 
was  unanimously  approved  and  adopted  by  the  Oregon  State  Grange, 
May  17,  1910: 

"We  do  most  earnestly  urge  the  members  of  our  order  and  the  voters 
of  Oregon,  under  all  circumstances  and  at  all  times,  to  advocate  and  vote 
for  every  measure  which  will  increase  the  power  of  the  people  of  Oregon 
to  control  every  department  of  their  government,  especially  in  applying 
just  methods  of  taxation  and  the  prudent  spending  of  public  money.  The 
voters  can  never  get  too  mvch  or  too  direct  power  of  self-government, 
vor  become  too  perfect  in  its  practice." 

That  "knowledge  is  power"  is  as  true  in  the  science  and  business  of 
government  by  the  people  for  the  people  as  it  is  in  any  other  science  or 
business.  Through  the  proposed  gazette  magazine,  every  citizen  can  get 
knowledge  of  government  that  no  citizen  can  possibly  get  without  it, 
and  can  get  reliable  information  every  two  months  about  every  depart- 
ment of  our  State  and  local  govei'nment.  The  people  cannot  get  this 
information  now  from  any  source,  and  they  cannot  get  it  in  the  future 
unless  they  pay  for  it  themselves  as  a  public  undertaking. 

This  bill  for  the  People's  Inspectors  of  Government  and  Editors  of  the 
Gazette,  to  be  mailed  to  every  registered  voter,  was  most  bitterly  con- 
demned by  the  Lawyers'  State  Bar  Association  at  Portland  in  May,  1910. 
About  thirty-five  out  of  more  than  500  members  were  present.  The 
light  that  such  a  magazine  would  give  all  the  citizens  about  the  way.? 
that  are  dark  and  the  tricks  that  are  profitable  to  street  railroads  and 
other  public  service  corporations  is  reason  enough  for  the  fierce  opposi- 
tion to  this  bill  by  all  the  corporation  lawyers,  and  especially  those  at 
the  head  of  the  State  Bar  Association. 

JUDICIARY  AMENDMENTS. 
ARTICLE  VII. 

The  purpose  of  this  amendment  is  to  remove  restrictions  on  the  power 
of  the  people  to  make  a  law  for  any  kind  of  court  they  want;  to  allow 


Submitted  to  Voters  of  Oregon  November  8, 1910    177 

the  people  and  the  legislature  to  transfer  to  the  circuit  court  the  law 
and  probate  business  of  the  county  judge  in  counties  where  that  can  be 
done  to  good  advantage;  to  simplify  procedure  on  appeals  to  the  Supreme 
Court  and  remove  the  pretext  for  new  trials  in  those  cases  in  which  sub- 
stantial justice  is  done  by  the  verdict  and  judgment,  but  in  which  the 
trial  court  may  have  made  a  technical  mistake;  or  if  the  verdict  is  just 
and  the  judgment  is  not,  to  make  it  the  duty  of  the  Supreme  Court  to 
enter  the  proper  judgment,  if  that  can  be  done,  instead  of  sending  the 
case  back  for  a  new  trial;  to  allow  the  Supreme  Court  to  take  original 
jurisdiction  in  important  cases  of  habeas  corpus,  mandamus  and  quo 
warranto,  the  latter  being  used  principally  to  try  the  title  to  offices;  to 
prevent  mistrials  and  hung  juries,  by  allowing  three-fourths  of  a  jury 
to  render  a  verdict  in  civil  cases.  The  amendment  also  removes  the 
constitutional  restrictions  on  the  power  of  the  people  and  the  legislature 
over  the  offices  of  the  county  clerk,  the  sheriff,  the  county  judge,  and 
the  district  attorney. 

Many  states  now  allow  a  majority  of  the  jury  in  civil  cases  to  render 
a  verdict.  Usually  three-fourths  of  the  jury  is  required  to  render  a 
verdict.  No  state  has  gone  back  to  the  old  system  of  unanimous  verdict 
in  civil  cases,  after  having  experience  with  the  majority  verdict. 

President  Taft  speaking  at  St.  Louis  on  the  American  Court  Procedure, 
said: 

"No,  all  I  am  appealing  for  is  justice  and  a  sauare  deal — not  especially 
for  myself;  indeed,  I  am  in  a  position  where  I  can  get  along  better  than 
some  of  the  rest  without  it;  but  I  am  appealing  for  justice  in  dealing 
with  all  classes. 

"I  said  all  classes.  Of  course,  practically,  ^t  is  pretty  hard  to  give  it. 
To  our  Socialistic  friends,  who  are  engaged  in  decrying  our  present  insti- 
tutions, I  could  furnish  a  good  deal  better  ground  for  their  complaints 
than  they  give  themselves.  I  have  talked  about  this  before,  and  it  is 
not  a  new  theme  with  me.  /  think  if  they  were  to  object  to  our  adminis- 
tration of  justice  and  the  delays  in  it  arising  from  the  traditional 
methods  pursued  in  courts,  by  which  the  wan  %oith  the  longest  purse  has 
the  advantage,  because  the  litigation  is  drawn  out,  they  would  be  getting, 
as  the  children  say,  'pretty  tvarm'  in  reaching  a  subject  that  will  bear 
full  discussion,  and  upon  which  we  shall  have  to  have  a  very  decided 
reform." 

Every  voter  knows  of  hung  juries  in  civil  cases,  followed  by  new  trials, 
appeals  to  the  Supreme  Court,  reversals  and  another  new  trial,  and  per- 
haps yet  another  appeal  to  the  Supreme  Court.  There  have  been  such 
cases  in  the  Oregon  courts.  One  purpose  of  this  amendment  is  to  make 
that  kind  of  injustice  impossible  in  which  the  corporation  or  the  rich 
man  wins  because  of  the  longest  purse. 

Respectfully  submitted  to  the  electors  of  Oregon  by  the 

PEOPLE'S  POWER  LEAGUE  OF  OREGON. 


178  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED  BY 

E.  W.  McCOMAS,  L.  WOLDENBERG,  E.  J.  SOMMERVILLE,  R.  R. 
COREY,  GEO.  W.  HYATT,  FRANK  E.  ALLEY,  W.  H.  RAGSDALE, 
R.  H.  DeARMOND,  J.  W.  DONNELLY,  C.  C.  WILSON,  C.  N. 
McARTHUR,  L.  L.  MANN,  TIMOTHY  MAHCNEY,  J.  C.  SMITH 
and  BEN  FETIGROW, 

opposing  the  measure  designated  on  the  official  ballot  as  follows: 


PROPOSED  BY  INITIATIVE  PETITION 


A  bill  for  a  law  to  amend  the  direct  primary  law  by 
extending  its  provisions  to  presidential  nominations, 
allowing  voters  to  designate  their  choice  for  their 
party  candidate  for  President  and  Vice-President; 
for  direct  nomination  of  party  candidates  for  presi- 
dential electors;  for  election  by  party  voters  of  dele- 
gates to  their  party  national  nominating  conventions, 
each  voter  voting  for  one  delegate;  for  payment  of 
delegates'  actual  traveling  expenses,  not  exceeding 
two  hundred  dollars  for  each  delegate,  and  extending 
the  publicity  rights  of  candidates  in  the  State  nomi- 
nating and  general  election  campaign  books.  Vote  YES  or  NO. 


J56.  Yes. 


557.  No. 


THE  PEOPLE  ARE  URGED  TO  VOTE  "NO"  ON  THIS  MEASURE 
FOR  THE  FOLLOWING  REASONS: 

1.  The  delegates  to  political  conventions  are  not  public  offi:"ials,  but 
are  representatives  of  their  respective  political  parties,  and  the  taxpaysrs 
of  the  State  should  not  be  called  upon  to  pay  railroad  fare,  hotel  bills, 
etc.,  for  the.se  junketing  trips.  If  this  measure  is  approved,  there  will 
be  an  additional  burden  of  several  thousand  dollars  heaped  upon  the 
shoulders  of  the  taxpayers  every  four  years. 

2.  This  bill  is  unfair  in  that  it  recognizes  only  the  Republican  and 
Democratic  parties.  The  Socialists,  Prohibitionists,  and  members  of  other 
parties  arc  not  recognized.  Ii  members  of  these  last  named  parties  go 
to  conventions,  they  must  do  so  at  their  own  expense,  while  the  Republi- 


Submitted  to  Voters  of  Oregon  November  8,  1910    179 

cans  and  Democrats  can  ride  in  Pullman  cars  and  stay  at  high-priced 
hotels  at  the  expense  of  the  taxpayers. 

3.  If  this  bill  is  approved,  the  time  of  the  regular  primary  election 
will  be  changed  from  September  to  April,  during  presidential  election 
years,  but  will  be  held  in  September  during  other  years.  This  would  be 
an  unbusinesslike  arrangement,  and  would  confuse  and  disarrange  our 
entire  code  of  election  laws,  resulting  in  great  inconvenience  to  the  Sec- 
retary of  State,  the  county  clerks  and  other  officials;  besides  this,  the 
jiroposed  arrangement  would,  during  presidential  election  years,  keep 
the  State  in  the  throes  of  a  political  campaign  from  early  spring  until 
November.  Experience  has  proved  that  campaigns  should  be  as  brief 
as  possible  and  that  business  conditions  are  unsatisfactory  when  they 
are  extended  over  a  period  of  several  months. 

The  people  of  Oregon,  at  the  last  State  election,  voted  to  change  the 
primary  election  from  April  to  September  and  the  regular  election  from 
June  to  November.  Now  a  group  of  men,  who  are  constantly  shouting 
about  the  "will  of  the  people,"  wish  to  open  up  a  question  upon  which 
the  people  have  already  expressed  themselves. 

4.  There  is  no  certainty  that  the  national  convention  would  seat 
delegates  selected  under  the  proposed  arrangement.  The  national  com- 
mittee of  each  party  usually  makes  its  own  rules  and  regulations  govern- 
ing the  selection  of  delegates. 

5.  This  measure  is  proposed  by  a  gi'oup  of  men  whose  leaders  are 
disgruntled  because  they  were  not  sent  as  delegates  to  the  Chicago  con- 
vention in  1908.  They  assume  to  themselves  all  political  virtue  and 
purity,  looking  upon  those  who  do  not  agree  with  their  fads  and  schemes 
as  undesirable  citizens.  They  are  now  attempting  to  vent  their  spleen 
upon  the  taxpayers  of  Oregon. 

The  public  good  demands  the  rejection  of  this  measure  and  j'ou  are 
respectfully  urged  to  vote  "NO"  by  the  undersigned  citizens  and  tax- 
payers. 

E.  W.  McComas,  Pendleton.  L.  Woldenberg,  Canyon  City. 

E.  J.   Sonimei'ville,  Pendleton.  R.  R.  Corey,  Baker  City. 

Geo.  W.  Hyatt,  Enterprise.  Frank  E.  Alley,  Roseburg. 

W.  H.  Ragsdale,  Moro.  R.  H.  De.A.rmond,  C'ntario. 

J.  W.  Donnelly,  Condon.  C.  C.  Wilson,  Nyssa. 

C.  N.  McArthur,  Portland.  L.  L.  Mann,  Pendleton. 

Timothy  Mahoney,  Portland.  J.  C.  Smith,  Grants  Pass 
Ben   Petigrow,  Portland. 


180  Pamphlet  Containing  Measures  to  be 


A  BILL 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT  THE 
REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

To  propose  by  initiative  petition  a  law  to  create  a  Board  of  People's  In- 
spectors of  Government;  to  provide  for  the  publication  and  circulation 
of  an  official  gazette;  to  fix  the  salaries  and  define  the  powers 
and  duties  of  said  Board  of  Inspectors,  and 
to  make  an  appropriation. 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State  July  7, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Lav/s  of  1907. 

Secretary  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 

PROPOSED  BY  initiative  PETITION 


A  bill  for  a  law  creating  a  Board  of  People's  Inspectors  s. 

of  Government,  providing  for  publication  of  an  official 
State  magazine,  said  board  to  be  the  editors  and  pub- 
lishers thereof,  the  printing  to  be  done  by  the  State 
Printer;  all  books  of  public  officials  subject  to  exam- 
ination by  the  Board  of  Inspectors  and  reports 
thereof  published  in  said  magazine;  all  expenses  of 
the  board  for  printing  and  publication  of  the  maga- 
zine, salaries,  etc.,  not  to  exceed  one  dollar  for  each 
registered  voter  in  the  State;  the  magazine  shall  be 
mailed  every  two  months  to  each  registered  voter  at 
public  expense.  Vote  YES  or  NO. 

358.  Yes. 

359.  No. 


Submitted  to  Voters  of  Oregon  November  8,  1910  181 


[Official  Ballot,  Nos.  358  and  359.] 

A  BILL 

For  an  act  to  create  a  Board  of  People's  Inspectors  of  Government;  to 
provide  for  the  publication  and  circulation  of  an  official  gazette;  to  fix 
the  salaries  and  define  the  powers  and  duties  of  said  Board  of  In- 
spectors, and  to  make  an  appropriation. 

Be  it  enacted  by  the  People  of  the  State  of  Oregon: 

Section  1.  A  board  of  three  "People's  Inspectors  of  Government," 
which  shall  be  their  official  title,  is  hereby  created,  and  by  virtue  of  their 
office  they  shall  be  the  editors  of  the  Oregon  Official  Gazette,  which  is 
hereby  established.  The  necessary  offices  for  said  inspectors  shall  be 
provided  by  the  Secretary  of  State  at  the  Capitol,  and  they  shall  devote 
their  time  exclusively  to  the  perform.ance  of  their  official  duties.  The 
Oregon  Official  Gazette  shall  be  published  by  the  State  from  the  State 
Printing  Office,  not  later  than  the  second  Friday  of  every  second  month, 
beginning  with  the  month  of  February,  A.  D.  1911,  with  extra  numbers 
in  the  discretion  of  said  board,  and  in  such  form  as  to  be  entitled  to  entry 
under  the  postal  laws  and  transmission  through  the  United  States  mail 
as  second-class  matter. 

Section  2.  It  shall  be  the  duty  of  said  Board  of  Inspectors  to  have 
at  least  one  of  their  number  present  at  all  times  at  every  session  of 
each  house  of  the  Legislative  Assembly,  and  to  be  watchful  for  any  defect 
or  imperfection  in  the  State  and  local  systems  of  government.  Upon  the 
demand  of  one  member  thereof  the  said  board  shall  investigate  and  report 
on  the  management  of  any  public  office,  or  of  any  institution  supported 
wholly  or  partly  by  public  funds,  or  of  any  department  of  the  State  or 
of  any  county  or  municipal  government  therein.  Said  board  shall  have 
authority  on  such  investigation  to  demand  the  production,  for  their  exam- 
ination, at  all  reasonable  hours  and  without  previous  notice,  of  all  public 
records,  books,  documents,  memoranda,  cash  and  securities  in  the  posses- 
sion or  under  the  control  of  any  public  officer  or  department  so  investi- 
gated, and  it  shall  be  malfeasance  in  office  for  any  public  officer  to  refuse 
or  wilfully  fail  to  comply  with  any  such  dem.and.  The  inspectors  shall 
conduct  all  such  inspections  and  investigations  and  perform  all  the  duties 
of  their  office,  and  report  through  the  said  Gazette,  solely  for  the  infor- 
mation of  the  people,  without  motive  or  desire  for  personal  or  partisan 
advantage.  It  shall  be  the  duty  of  said  board,  in  all  matters,  to  be  as 
fair  and  impartial  to  all  citizens  and  officers  as  the  Supreme  Court  seeks 
to  be  betv/een  parties  to  a  suit. 

Section  3.  The  said  board  shall  publish  in  the  Oregon  Official  Gazette, 
without  unnecessary  delay,  their  own  reports;  any  criticisms  or  com- 
plaints, not  exceeding  two  hundred  words  each,  of  their  own  official  acts; 
all  proclamations  issued  by  the  Governor;  brief  and  comprehensive  reports 
by  the  Governor  concerning  the  affairs  of  the  different  departments  of 


182  Pamphlet  Containing  Measures  to  be 

the  State  government;  similar  reports  by  county  commissioners  concern- 
ing their  county  governments;  similar  reports  by  mayors  for  their  city 
governments;  all  publications  that  may  be  required  by  law  to  be  mailed 
to  every  registered  voter,  or  to  the  voters  of  political  parties,  and  all 
said  publishing  shall  be  a  sufficient  compliance  with  said  laws;  all  new 
laws  and  constitutional  amendments  and  the  dates  when  the  same  will 
become  effective;  all  such  laws  and  communications  as  in  the  judgment 
of  a  majority  of  the  board  are  worthy  of  publication  concerning  the  fol- 
lowing matters:  Reports  of  local  or  district  officers;  letters  and  communi- 
cations from  citizens  and  public  officers  on  all  matters  of  common  interest 
relating  to  government,  or  any  form  of  public  service;  letters  and  infor- 
mation concerning  the  national  government  and  law-making  and  the  acts 
of  our  Representatives  and  Senators  in  Congress;  the  results  of  important 
experiments  and  developments  in  the  science  of  government  by  other 
nations,  states,  counties  and  cities;  other  matters  that  they  believe  will 
promote  the  general  welfare. 

Section  4.  All  reports,  letters,  communications,  editorials  and  other 
matters  for  publication  in  the  said  Gazette  shall  be  signed  by  the  authors 
thereof  or  by  the  persons  responsible  therefor,  and  the  same  shall  be 
public  records  when  received,  subject  at  all  reasonable  office  hours  to 
iiispection  by  any  citizen  and  to  publication  or  comment  by  any  journal 
or  newspaper.  The  said  board  shall  not  publish  any  malicious,  libelous 
or  personally  abusive  communication.  Said  board  shall  so  edit  the  Gizatte 
that  only  matters  of  general  interest  shall  be  published  in  the  edition 
that  is  mailed  to  all  voters,  and  that  matters  of  local  interest  shall  be 
included  and  bound  in  the  editions  going  only  to  the  respective  counties, 
cities  or  districts  locally  interested. 

Section  5.  Every  head  of  a  family  who  is  a  registered  voter  and  every 
registered  voter  who  is  not  a  member  of  a  family  shall  be  considered  sub- 
scribers to  the  sai<i  Gazette,  and  it  shall  be  mailed  to  them  at  puWic 
expense.  Said  Gazette  shall  not  be  a  commercial  enterprise  nor  a  general 
newspaper,  and  its  editors  shall  not  seek  to  give  the  general  news  nor 
shall  thy  accept  commercial  advertising.  The  subscription  price  to  be 
paid  by  those  who  wish  the  Gazette  and  are  not  registered  vvoters  in  Ore- 
gon shall  be  one  dollar  a  year,  payable  in  advance.  As  nearly  as  prac- 
ticable, the  editors  shall  correct  the  mailing  list  of  subscribers  every  two 
months  and  sell  printed  copies  thereof  to  any  person  at  cost  on  demand. 

Section  6.  If  this  bill  shall  be  approved  by  the  people,  it  shall  be  the 
duty  of  the  Legislative  Assembly,  at  its  next  regular  session,  to  provide 
for  the  election  of  said  three  People's  Inspectors  of  Government  from  the 
State  at  large.  The  method  of  election  shall  be  by  such  form  of  propor- 
tional representation  of  all  the  voters  that  any  candidate  who  is  the 
choice  of  as  many  as  one-third  of  the  electors  of  the  State  actually  voting 
for  inspectors  shall  thereby  be  elected.  It  is  intended  that,  so  far  as  it  is 
practicable,  every  ballot  shall  be  effective  in  the  election  of  one  candidate 
who  is  the  personal  preference  of  the  elector  who  cast  the  ballot.  The 
board  shall  be  elected  at  the  regular  general  election  in  A.  D.  1912  to 


Submitted  to  Voters  of  Oregon  November  8,  1910    183 

serve  two  years,  and  at  the  regular  general  election  in  A.  D.  1914  and 
thereafter  said  inspectors  shall  be  elected  when  the  Governor  is  elected 
and  for  the  same  term  for  which  he  shall  be  elected. 

Section  7.  If  this  bill  shall  be  approved  by  the  people,  the  Governor 
shall,  immediately  after  issuing  his  proclamation  of  such  approval,  re- 
quest the  executive  committee  of  the  State  Grange  and  the  executive 
committee  of  the  Oregon  State  Federation  of  Labor,  respectively,  each 
to  recommend  to  him  the  names  of  three  persons  qualified  for  said  office; 
he  shall  also  request  the  presidents  of  the  board  of  trade  and  commer- 
cial organizations  of  Oregon  to  assemble  at  a  certain  time  and  place  and 
recommend  to  him  three  persons  qualified  for  said  office;  all  of  said 
recommendations  shall  be  made  in  writing.  The  Governor  shall  appoint 
one  from  each  group  of  three  persons  so  recommended,  but  if  either  of 
such  organizations  shall  fail  to  make  such  recommendations  within  thirty 
days  after  the  Governor's  i-equest,  the  Governor  shall  immediately  there- 
after make  an  appointment  without  such  recommendation.  Vacancies 
shall  be  filled  in  like  manner.  The  persons  appointed  shall  hold  office 
until  their  successors  are  elected  and  qualified. 

Section  8.  The  bills  for  the  expenses  and  salaries  of  said  board  and 
for  the  publication  of  the  Oregon  Official  Gazette  shall  be  audited  by  the 
Secretary  of  State  and  shall  be  paid  from  the  general  fund  out  of  any 
moneys  not  otherwise  appropriated;  provided,  that  the  total  amount  to 
be  paid  for  any  year  shall  not  exceed  the  sum  of  one  dollar  for  each  reg- 
istered voter  in  Oregon.  The  type,  arrangement,  papsr  and  printing  of 
said  Gazette  shall  be  as  ordered  by  the  said  Board  of  Inspectors,  except 
only  as  to  publications  to  be  made  part  thereof  for  which  the  type,  paper 
and  arrangement  are  designated  by  law.  The  said  board  is  hereby  author- 
ized to  expend  such  sums  as  may  be  necessary,  from  the  above  appro- 
priation, not  exceeding  fifteen  thousand  dollars  yearly,  for  expsrt  ac- 
countants and  other  assistants  in  making  investigations.  If  such  sum  is 
not  sufficient  the  inspectors  are  hereby  authorized  to  apply  to  the  people, 
by  initiative  petition,  for  such  amount  as  they  believe  they  need,  and  the 
cost  thereof  shall  be  repaid  from  the  appropriation  made  herein.  Said 
boax'd  shall  not  apply  to  the  Legislative  Assembly  for  any  appropriation. 
11  is  intended  that  these  inspectors  shall  be  independent  of  all  other 
officers  and  powers,  except  the  people  of,  Oregon;  that  they  shall  not 
receive  official  favors  nor  incur  official  obligations  to  any  public  servant 
or  any  private  citizen  or  corporation.  If  this  bill  shall  be  approved  by 
the  people  the  title  of  the  bill  shall  stand  as  the  title  of  the  law. 

(Affirmative  argument  following  No.  356  covers  this  measure.) 


184  Pamphlet  Containing  Measures  to  be 

ARGUMENT 

(negative) 

SUBMITTED  BY 

E.  W.  McCOMAS,  BEN  PETIGROW,  E.  J.  SOMMERVILLE,  L.  WOL- 
DENBERG,  GEO.  W.  HYATT,  R.  R.  COREY,  FRANK  E.  ALLEY, 
W.  H.  RAGSDALE,  R.  H.  DeARMOND,  J.  W.  DONNELLY,  C.  C. 
WILSON,  C.  N.  McARTHUR,  L.  L.  MANN,  TIMOTHY  MAHONEY 
and  J.  C.  SMITH, 

opposing  the  measure  designated  on  the  official  ballot  as  follows : 

PROPOSED  BY  INITIATIVE  PETITION 

A  bill  for  a  law  creating  a  Board  of  People's  Inspectors 
of  Government,  providing  for  publication  of  an  official 
State  magazine,  said  board  to  be  the  editors  and 
publishers  thereof,  the  printing  to  be  done  by  the 
State  Printer;  all  books  of  public  officials  subject  to 
examination  by  the  Board  of  Inspectors  and  reports 
thereof  published  in  said  magazine;  all  expenses  of 
the  board  for  printing  and  publication  of  the  maga- 
zine, salaries,  etc.,  not  to  exceed  one  dollar  tor  each 
registered  voter  in  the  State;  the  magazine  shall  be 
mailed  every  two  months  to  each  registered  voter  at 
public  expense.  Vote  YES  or  NO. 

358.  Yes. 

359.  No. 


THE  PEOPLE  ARE  URGED  TO  VOTE  "NO"  ON  THIS  MEASURE 
FOR  THE  FOLLOWING  REASONS: 

1.  The  first  and  most  serious  objection  to  a  boai'd  of  this  chai'acter 
Ijbs  in  the  fact  that  its  creation  would  impose  an  additional  burden  of 
taxation  upon  the  people  of  the  State  without  any  corresponding  return. 
It  is  estimated  that  the  cost  of  this  proposed  board  and  the  publication  of 
the  proposed  "Official  Gazette"  would  amount  to  $100,000  per  year.  There 
are  already  too  many  commissions,  boards,  offices  and  clerkships,  and  it 
is  high  time  for  the  inauguration  of  a  policy  of  retrencJiment,  rather  than 
a  multiplication  of  fat-salaried  jobs. 

2.  Jt  is  highly  prob8l>Ie  that  a  large  percentage  of  copies  of  the  pro- 
popefl  "OfBcial  Gazette"  would  be  thrown  away  or  deptroyed  without  bwintj 


Submitted  to  Voters  of  Oregon  November  8, 1910    185 

read.  Through  the  medium  of  the  newspapers  there  is  now  a  constant 
discussion  of  the  conduct  of  our  public  men  and  public  institutions,  prin- 
cipally by  men  who  have  no  favors  to  ask  and  who  are  ever  ready  to 
exercise  a  censorship  over  all  public  matters.  This  wide-spread  discus- 
sion, coupled  with  the  system  of  grand  jury  investigation  and  the  recall 
power,  gives  a  more  genuine  assurance  of  an  honest  administration  of 
public  affairs  than  the  publication  of  an  "Official  Gazette." 

3.  Under  the  conditions  proposed,  two  of  the  "People's  Inspectors  of 
Government"  would  come  from  the  same  political  party,  and  there  is 
absolutely  no  guarantee  that  their  publication  will  be  "non-partisan"; 
on  the  other  hand,  it  would  undoubtedly  be  partisan  in  its  nature  and 
in  sympathy  with  the  dominant  party. 

4.  There  is  no  guarantee  that  the  "People's  Inspectors  of  Government" 
will  be  any  more  honest,  faithful  or  efficient  than  the  Governor,  Attorney 
"General  or  members  of  the  legislature.  The  authors  of  this  bill  would 
have  us  believe  that  the  "Inspectors"  will  be  angelic  creatures,  and  that 
their  every  act  will  be  perfect  and  beyond  criticism.  Carrying  out  their 
scheme  to  its  logical  conclusion,  there  should  bo  a  second  board  of  "Peo- 
ple's Inspectors  of  Government,"  whose  function  it  should  be  to  exercise 
control  over  the  first  board,  and  so  on  ad  infinitum. 

5.  Section  7  of  this  proposed  bill  virtually  provides  that  the  State 
Grange,  the  State  Federation  of  Labor  and  the  commercial  clubs  of  the 
State  shall  name  the  first  board  of  "People's  Inspectors  of  Government" 
whose  members  are  to  serve  for  two  years.  Why  confer  this  important 
power  upon  the  State  Grange,  the  State  Federation  of  Labor  and  the 
commercial  clubs,  when  there  are  thousands  of  intelligent  and  patriotic 
men  in  the  State  who  do  not  belong  to  any  of  these  organizations,  and 
who  are  equally  entitled  to  political  recognition?  This  looks  like  class 
distinction. 

The  undersigned  citizens  and  taxpayers  advise  that  you  vote  "No" 
and  keep  this  freak  measure  off  the  statxite  books  of  our  State. 

Respectfully  submitted, 
E.  W.  McComas,  Pendleton.  L.  Woldenberg,  Canyon  City. 

E.  J.  Sommerville,  Pendleton.  R.  R.  Corey,  Baker  City. 

Geo.  W.  Hyatt,  Enterprise.  Frank  E.  Alley,  Roseburg. 

W.  H.  Ragsdale,  Moro.  R.  H.  DeArmond,  Ontario. 

J.  W.  Donnelly,  Condon.  C.  C.  Wilson,  Nyssa. 

C.  N.  McArthur,  Portland.  L.  L.  Mann,  Pendleton. 

Timothy  ]\Iahoney,  Portland.  J.  C.  Smith,  Grants  Pass. 

Ben  Petigrow,  Portland. 


186  Pamphlet  Containing  Measures  to  be 

AN    AMENDMENT 

TO  THE 

constitution  of  the  state  of  oregon 
to  be  submitted  to  the  legal  electors  of  the  state  of 

Oregon  for  their  approval  or  rejection 

AT  THE 

REGULAR  general  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO  AMEND 

Article  IV 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  7, 

1910,  in  accordance  with  the  provisions  of  Chapter  226, 

General  Laws  of  Oregon,  1907, 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907. 

Secretary  of  State. 


The  following  is  the  foi-m  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 


PROPOSED  BY  initiative  PETITION 


For  an  amendment  of  Article  IV,  Constitution  of 
Oregon,  increasing  initiative,  referendum,  and  recall 
powers  of  the  people;  restricting  use  of  emergency 
clause  and  veto  power  on  State  and  municipal  legis- 
lation ;  requiring  proportional  election  of  members  of 
Legislative  Assembly  from  the  State  at  large,  annual 
sessions,  and  increasing  members'  salaries  and  terms 
of  office;  providing  for  election  of  Speaker  of  House 
and  President  of  Senate,  outside  of  members;  restrict- 
ing corporate  franchises  to  twenty  years;  providing 
ten  dollars  penalty  for  unexcused  absence  from  any 
roll  call,  and  changing  form  of  oath  of  office  to  pro- 
vide against  so-called  legislative  log-rolling.  Vote  YES  or  NO. 


360.  Yes. 

SGL  NoT 


Submitted  to  Voters  of  Oregon  November  8, 1910    187 

[On  Official  Ballot,  Nos.  360  and  361.] 

CONSTITUTIONAL   AMENDMENT. 

Article  IV  of  the  Constitution  of  the  State  of  Oregon  shall  be  and  the 
same  hereby  is  amended  to  read  as  follows: 

Article  IV. 

LEGISLATIVE  AUTHORITi'. 

Section  1.  The  legislative  authority  of  the  State  shall  be  vested  in 
the  Legislative  Assembly,  consisting  of  a  Senate  and  House  of  Repre- 
sentatives, but  the  psople  reserve  to  themselves  the  power  to  propose 
legislative  measures,  resolutions,  laws  and  amendments  to  the  Consti- 
tution, and  to  enact  or  reject  the  same  at  the  polls,  independent  of  the 
Legislative  Assem.bly,  and  also  reserve  power,  at  their  own  option,  to 
approve  or  reject  at  the  polls  any  act,  item,  section  or  part  of  any  reso- 
lution, act  or  measure  passed  by  the  Legislative  Assembly. 

Section  la.  Initiative.  The  first  power  reserved  by  the  people  is  the 
initiative,  and  not  more  than  eight  per  cent,  nor  in  any  case  more  than 
fifty  thousand,  of  the  legal  voters  shall  be  required  to  propose  any  meas- 
ure by  such  petition,  and  every  such  petition  shall  include  the  full  text 
of  the  measure  so  proposed.  Initiative  petitions,  except  for  municipal 
and  wholly  local  legislation,  shall  be  filed  with  the  Secretary  of  State 
not  less  than  four  months  before  the  election  at  which  they  are  to  be 
voted  upon.  If  conflicting  measures  submitted  to  the  people  shall  be 
approved  by  a  majority  of  the  votes  severally  cast  for  and  against  the 
same,  the  one  receiving  tbe  highest  number  of  affirmative  votes  shall 
thereby  become  law  as  to  all  conflicting  provisions.  Proposed  amend- 
ments to  the  Constitution  shall  in  all  cases  be  submitted  to  the  people  for 
approval  or  rejection. 

Section  lb.  Referendum.  The  second  power  is  the  referendum,  and 
it  may  be  ordered  either  by  petition  signed  by  the  required  percentage  of 
the  legal  voters,  or  by  the  Legislative  Assembly  as  other  bills  are  enaete'J. 
Not  more  than  five  per  cent,  nor  in  any  case  more  than  thirty  thousand, 
of  the  legal  voters  shall  be  required  to  sign  and  make  a  valid  referendum 
petition. 

Section  Ic.  Emergency.  If  it  shall  be  necessary  for  the  immediate 
preservation  of  the  public  peace,  health  or  safety  that  a  measure  shall 
become  effective  without  delay,  such  necessity  shall  be  stated  in  ona 
section,  and  if,  by  a  vote  of  yeas  and  nays,  three-fourths  of  all  the  mem- 
bers elected  to  each  house,  or  city  council,  as  the  case  may  be,  shall  vote, 
on  a  separate  roll  call,  in  favor  of  the  measure  going  into  instant  opera- 
tion because  it  is  necessary  for  the  immediate  preservation  of  the  public 
peace,  health  or  safety,  such  measure  shall  become  operative  upon  being 
filed  in  the  office  of  the  Secretary  of  State,  or  city  clerk,  as  the  case -may 
be;  provided,  that  an  emergency  shall  not  be  declared  on  any  measure 


188  Pamphlet  Containing  Measures  to  be 

creating  or  abolishing  any  office,  or  to  change  the  salary,  term  or  duties 
of  any  officer.  It  shall  not  be  necessary  to  state  in  such  section  the  facts 
■which  constitute  the  emergency.  If  a  referendum  petition  be  filed  against 
an  emergency  measure,  such  measure  shall  be  a  law  until  it  is  voted  upon 
by  the  people,  and  if  it  is  then  rejected  by  a  majority  of  those  voting  upon 
the  question,  such  measure  shall  be  thereby  repealed.  No  statute,  ordi- 
nance or  resolution  approved  by  vote  of  the  people  shall  be  amended  or 
repealed  by  the  Legislative  Assembly  or  any  city  council  except  by  a 
three-fourths  vote  of  all  the  members  elected  thereto,  taken  by  yeas  and 
nays.     The  provisions  of  this  section  apply  to  city  councils. 

Section  Id.  Local  Initiative  and  Referendum.  The  initiative  and 
referendum  powers  of  the  people  are  hereby  further  reserved  to  the  legal 
voters  of  each  municipality  and  district  as  to  all  local,  special  and  munici- 
pal legislation  of  every  character  in  or  for  their  respective  municipalities 
and  districts.  Every  extension,  enlargement,  grant  or  conveyance  of  a 
franchise,  or  of  any  right,  property,  easement,  lease  or  occupation  of  or 
in  any  road,  street,  alley  or  park,  or  any  part  thereof,  or  in  any  real 
property  owned  by  a  municipal  corporation,  whether  the  same  be  made 
by  statute,  ordinance,  resolution  or  otherwise,  shall  be  subject  to  refer- 
endum by  petition.  In  the  case  of  laws  chiefly  of  local  interest,  whether 
submitted  by  initiative  or  referendum  petition,  or  by  the  Legislative 
Assembly,  as  for  example,  the  division  or  creation  of  counties,  or  the 
creation  of  new  or  additional  offices  or  officers,  the  same  shall  be  voted 
on  and  appi'oved  or  rejected  only  by  the  people  of  the  counties  chiefly 
interested.  Cities  and  towns  may  provide  for  the  manner  of  exercising 
the  initiative  and  referendum  powers  as  to  their  municipal  legislation. 
Not  moi'e  than  ten  per  cent  of  the  legal  voters  may  be  required  to  order 
the  referendum  nor  more  than  fifteen  per  cent  to  propose  any  measure 
by  the  initiative  in  any  city  or  town. 

Section  le.  General  Provisions.  The  filing  of  a  referendum  petitioh 
against  one  or  more  items,  sections  or  parts  of  any  act,  legislative  meas- 
ure, resolution  or  ordinance,  shall  not  delay  the  remainder  of  the  measure 
fi-om  becoming  operative.  Refei'endum  petitions  against  measures  passed 
by  the  Legislative  Assembly  shall  be  filed  with  the  Secretary  of  State 
not  later  than  ninety  days  after  the  final  adjournment  of  the  session  of 
the  Legislative  Assembly  which  passed  the  measure  on  which  the  refer- 
endum is  demanded.  Referendum  petitions  shall  be  filed  in  like  manner 
in  case  the  Legislative  Assembly  shall  adjourn  at  any  time  for  a  period 
longer  than  ninety  days.  The  veto  power  of  the  Governor  or  mayor 
shall  not  extend  to  measures  initiated  by  or  referred  to  the  people.  All 
elections  on  general,  local  and  special  measures  referred  to  the  people  of 
the  State  or  of  any  locality  shall  be  had  at  the  biennial  regular  general 
elections,  except  when  the  Legislative  Assembly  shall  order  a  special 
election;  but  counties,  cities  and  towns  may  provide  for  special  elections 
on  their  municipal  legislation  proposed  by  their  citizens  or  local  legisla- 
tive bodies.  Any  measure  initiated  by  the  people  or  referred  to  the 
people  as  herein  provided  shall  take  effect  and  become  the  law  if  it  is 


Submitted  to  Voters  of  Oregon  November  8, 1910    189 

approved  by  a  majority  of  the  votes  cast  thereon,  and  not  otherwise. 
Every  such  measure  shall  take  effect  thirty  days  after  the  election  at 
which  it  is  approved.  The  style  of  all  bills  shall  be  "Be  it  enacted  by  the 
people  of  the  State  of  Oregon,"  and  of  ordinances  "Be  it  ordained  by  the 
people  of"  (name  of  municipality).  The  style  of  charter  amendments 
shall  be  similar  to  that  used  for  constitutional  amendments.  This  section 
shall  not  be  construed  to  deprive  any  member  of  the  Legislative  Assembly 
or  of  a  city  council  of  the  right  to  introduce  any  measure.  The  whole 
number  of  electors  who  voted  for  Justice  of  the  Supreme  Court  at  the 
regular  election  last  preceding  the  filing  of  any  petition  for  the  initiative 
or  for  the  referendum  shall  be  the  basis  on  which  the  number  of  legal 
voters  necessary  to  sign  such  petition  shall  be  computed.  Petitions  and 
orders  for  the  initiative  and  referendum  shall  be  filed  with  the  Secretary 
of  State,  or  in  municipal  elections  with  such  other  officers  as  may  be  pro- 
vided by  law.  In  submitting  the  same  to  the  people,  he  and  all  other 
officers  shall  be  guided  by  the  general  laws,  until  additional  legislation 
shall  be  especially  provided  therefor. 

Section  2.  The  Senate  shall  consist  of  thirty  members,  and  no  more, 
and  the  House  of  Representatives  of  sixty  members,  and  no  more,  who 
shall  be  nominated,  apportioned  and  elected  in  such  manner  and  from 
such  districts  as  may  be  provided  by  law,  but  districts  shall  be  composed 
of  contiguous  territory.  The  term  of  office  for  Senators  shall  be  six 
years,  and  the  term  of  office  for  Representatives  shall  be  six  years,  be- 
ginning on  the  day  next  after  the  regular  general  election  in  November, 
1912,  at  which  election  thirty  Senators  and  sixty  Representatives  shall 
be  elected,  and  the  terms  of  all  Senators  and  Representatives  elected  prior 
thereto  shall  expire. 

Section  3.  In  addition  to  the  recall  provisions  of  Section  18  of  Article 
II  of  this  Constitution,  the  Legislative  Assembly,  or  either  house  thereof, 
or  any  members  of  either  or  both  houses,  shall  be  subject  to  recall  as 
herein  provided.  There  may  be  required  twenty-five  per  cent,  but  no 
more,  of  the  number  of  electors  who  voted  in  the  district  to  which  such 
recall  petition  applies  at  the  preceding  election  for  Justice  of  the  Supreme 
Court,  to  file  their  petition  demanding  such  recall  with  the  Secretary  of 
State.  The  petition  shall  state  the  reasons  for  such  recall  in  not  more 
than  two  hundred  words.  Upon  the  filing  of  any  such  petition  the  Sec- 
retary of  State  shall  immediately  order  a  special  general  election  through- 
out the  electoral  district  to  which  such  recall  petition  applies,  to  take 
place  in  not  less  than  sixty  days  nor  more  than  ninety  days  fi'om  the 
date  of  filing  of  said  petition.  Provided,  that  if  a  general  election  is  to 
occur  throughout  said  district  within  not  less  than  sixty  nor  more  than 
one  hundred  and  twenty  days  after  the  petition  is  filed,  the  recall  shall 
be  submitted  at  that  election,  and  in  such  case  the  petition  shall  be  suf- 
ficient if  signed  by  not  less  than  fifteen  per  cent  of  the  electors,  computed 
as  above  required;  provided,  further,  that  no  such  petition  shall  be  filed 
during  the  last  six  months  of  the  term  of  office  of  any  member  of  the 
Legislative  Assembly. 


190  Pamphlet  Containing  Measures  to  be 

Section  3a.  Such  election  shall  be  to  decide  whether  the  members,  the 
Legislative  Assembly  or  the  House  or  Ssnate  against  which  the  petition 
is  filed,  shall  be  recalled,  and  also  to  choose  the  Senators  and  Representa- 
tives of  a  new  Legislative  Assembly,  or  of  a  new  House  or  Senate,  or 
new  members,  as  the  case  may  be,  if  a  majority  of  those  voting  vote  for 
such  recall. 

Section  3b.  There  shall  be  printed  on  the  ballots  for  such  election, 
first,  the  usual  forms  and  instructions  to  voters;  second,  a  statement  of 
the  reasons  offered  by  the  petitioners  for  said  recall,  in  not  more  than 
two  hundred  words;  third,  a  statement,  if  any  is  offered,  by  the  Legis- 
lative Assembly,  or  members  affected,  of  the  reasons  against  said  recall, 
in  not  more  than  two' hundred  words;  fourth,  the  question  and  answers: 

"Shall  (name  of  members,  the  Legislative  Assembly,  the  House  of 
Representatives,  the  Senate,  as  the  case  may  be)  be  recalled? 

"Yes. 

"No." 

The  names  of  candidates  for  Senators  and  Representatives  shall  be 
printed  on  the  special  ballot  in  like  manner  as  at  a  regular  general  elec- 
tion. If  a  recall  petition  shall  be  filed  against  one  or  miore  members  for 
the  same  cause,  from  the  same  nominating  district,  the  election  shall  be 
in  that  district  only,  unless  the  reason  given  for  the  recall  petition  is 
refusal  to  obey  an  instruction  from  the  State. 

In  the  case  of  such  local  recall  petitions  and  elections,  the  percentage 
of  signers  shall  be  computed  on  the  number  of  votes  cast  within  the 
nominating  district.  In  the  case  of  such  local  recall  petition,  or  when  tha 
petition  is  filed  against  one  or  more  members  named  and  expressly 
charged  with  failure  or  refusal  to  obey  an  instruction  given  by  the  peoob 
of  the  State,  the  names  of  such  members  shall  be  printed  on  the  official 
ballot  only  in  the  form  of  the  recall  question  above  provided;  and  the 
names  of  such  members  shall  not  be  printed  on  the  ballot  as  candidates 
for  re-election.  In  the  case  of  a  recall  petition  against  the  House  of 
Representatives,  or  the  Senate,  or  the  Legislative  Assembly,  the  names 
of  sitting  members  may  be  printed  on  the  official  ballot  as  candidates 
for  re-election,  if  any  so  desire. 

Section  3c.  If  a  majority  of  the  whole  number  of  electors  who  vote 
on  the  question  vote  "Yes,"  the  members,  or  the  Legislative  Assembly, 
or  either  house  thereof,  as  the  case  may  be,  shall  be  thereby  recalled.  The 
•votes  shall  be  counted,  canvassed  and  returned,  and  certificates  of  elec- 
tion issued  to  the  persons  entitled  thereto  as  at  regular  elections  for  mem- 
bers of  the  Legislative  Assembly,  and  thereupon  the  newly  elected  and  the 
retained  Senators  and  Representatives  shall  immediately  take  their  seats 
tc/  fill  the  unexpired  term.  If  a  majority  vote  "No,"  the  sitting  Senators 
and  Representatives  are  thereby  continued  in  office. 

Section  3d.  The  filing  of  such  a  recall  petition  requiring  a  general  elec- 
tion throughout  the  State,  shall  operate  as  a  complete  suspension  of  all 
the  powers  granted  by  the  people  of  Oregon  to  the  Legislative  Assembly, 
until  the  returns  of  said  recall  election  shall  be  canvassed  and  certificates 


Submitted  to  Voters  of  Oregon  November  8, 1910    191 


(?f  election  issued  to  the  persons  entitled  thereto;  except  only  that  in 
case  of  emergency  caused  by  war,  insurrection  or  great  natural  calamity, 
the  Governor  may  convene  the  members  of  the  said  Legislative  Assembly 
in  special  session  to  act  on  questions  ai'ising  by  reason  of  such  emer- 
gency, but  they  shall  have  no  power  or  authority  to  act  on  any  other 
legislation. 

Section  4.  Senators  and  Representatives  in  the  Legislative  Assembly 
shall  be  chosen  by  the  legal  voters,  by  such  method  of  proportional  rep- 
resentation of  all  the  voters  that,  as  nearly  as  may  be  practicable,  any 
one-sixtieth  of  all  the  voters  of  the  State  voting  for  one  person  for  Rep- 
resentative shall  insure  his  election,  and  any  one-thirtieth  of  all  the 
voters  of  the  State  voting  for  one  person  for  Senator  shall  insure  his 
election. 

Section  4a.  Until  otherwise  provided  by  law,  candidates  for  the  office 
of  Senator  or  Representative  shall  be  nominated  in  like  districts  as  have 
been  heretofore  provided  for  their  election,  but  they  shall  be  elected  by 
the  voters  of  the  State  at  large.  Each  candidate's  name  shall  be  printed 
on  the  official  ballot  in  the  district  or  districts  where  he  is  nominated, 
but  in  no  other.  Any  legal  voter  in  any  district  may  vote  for  a  candidate 
in  any  other  district  by  writing  or  sticking  on  his  ballot,  the  name,  and 
if  necessary  to  distinguish  him  from  another  candidate  of  the  same  name, 
the  residence,  political  party,  position  or  pledge  of  the  candidate  voted 
for.  No  candidate  for  nomination  shall  circulate  his  petition  nor  p"iy  for 
its  circulation  outside  of  the  nominating  district  where  he  resides.  Every 
candidate  for  Sanator  or  Representative  at  the  general  election  shall  have 
the  right  to  have  printed  with  his  name  on  the-  official  ballot  not  more 
than  tv/elve  words  to  state  his  political  party,  position  or  pledges  to  the 
people  on  any  questions  of  public  policy.  No  voter  shall  vote  for  moi-e 
than  one  candidate  for  Representative,  nor  for  more  than  one  candidate 
for  Senator  in  the  Legislative  Assembly. 

Section  4b.  The  votes  for  the  election  of  Senators  and  Repi-esentative3 
in  the  Legislative  Assembly  shall  be  counted,  canvassed  and  returned,  and 
certificates  of  election  issued,  in  like  manner  as  such  votes  are  now 
counted,  canvassed  and  returned  in  the  election  of  joint  Ssnators  and 
Representatives  from  districts  composed  of  two  or  more  counties. 

Section  4c.  The  whole  number  of  votes  cast  in  the  State  for  all  can- 
didates for  Representative  shall  be  divided  by  sixty,  being  the  number 
to  be  chosen,  and  the  quotient  shall  be  the  number  of  votes  necessary  to 
insure  the  election  of  one  Representative,  and  shall  be  called  the  quota. 
It  shall  be  the  duty  of  the  Secretary  of  State  to  make  computations  re- 
quired by  the  recall  and  px-oportional  representation  provisions  of  this 
article. 

Section  4d.  The  whole  number  of  votes  received  in  the  State  by  ail 
the  candidates  of  each  party  for  Representative  shall  be  computed,  and 
each  total  shall  be  divided  by  said  quota  of  election;  the  quotient  for  each 
party  will  be  the  number  of  Representative  seats  to  which  that  party  is 
entitled,  and  that  number  of  the  party  candidates  who  have  received, 


192  Pamphlet  Containimg  Measures  to  be 

each  for  himself,  the  full  quota,  or  nearest  to  the  full  quota  of  votes,  shall 
be  thereby  elected.  Any  independent  candidate  who  receives  for  himself 
a  quota  of  votes,  or  a  number  greater  than  the  highest  remainder  of  any 
party,  shall  be  thereby  elected.  The  seat  or  seats  that  cannot  be  allotted 
to  any  party  or  independent  candidates  for  full  quotas  shall  be  given  to 
the  several  political  parties  and  independent  candidates  having  the  highest 
remainders,  in  the  order  of  such  remainders,  beginning  with  the  highest, 
until  the  sixty  seats  are  filled.  The  seat  allotted  to  a  party  for  a  re- 
mainder shall  be  given  to  the  candidate  of  that  party  who  has  nearest 
to  the  full  quota  of  votes  for  himself. 

Section  4e.  The  votes  for  candidates  for  Senators  in  the  Legislative 
Assembly  shall  be  treated  in  like  manner  as  the  votes  for  Representatives, 
save  only  that  the  whole  number  of  votes  cast  in  the  State  for  candidates 
for  Senators  shall  be  divided  by  thirty  to  obtain  the  quota  necessary  to 
insure  the  election  of  a  Senator. 

Section  5.  If  any  vacancy  shall  occur  in  the  office  of  Senator  or  Rep- 
resentative in  the  Legislative  Assem.bly,  it  shall  be  filled  by  seating  the 
qualified  candidate  from  the  same  party  as  that  of  the  retiring  officer, 
who  received  for  himself  nearer  to  the  quota  of  votes  than  any  other 
candidate  of  his  party  who  was  not  seated,  except  vacancies  created  by 
recall,  which  shall  be  filled  as  hereinbefore  provided  by  this  article.  If 
there  shall  not  be  any  such  qualified  candidate,  the  Governor  shall  issue 
writs  of  election  to  fill  such  vacancy,  the  election  to  be  held  only  within 
the  nominating  district  within  which  the  retiring  officer  I'esided  when  he 
was  elected. 

Section  6.  No  person  shall  be  a  Senator  or  Representative  who  is 
not  a  citizen  of  the  United  States  at  the  time  of  his  election,  nor  unless 
he  shall  be  at  least  twenty-one  years  of  age,  and  a  resident  of  this  State 
at  least  five  years  before  his  election.  ^ 

Section  7.  Appropriations  for  the  maintenance  of  the  State  govern- 
ment and  all  existing  public  institutions,  and  all  institutions  aided  by 
State  funds,  not  exceeding  the  amount  of  any  previous  appropriation  for 
the  same  purpose,  shall  take  effect  and  be  available  at  once,  but  any 
increase  in  any  such  appropriation  shall  be  subject  to  the  referendum  by 
petition,  except  in  the  emergency  of  war,  insurrection  or  great  natural 
calamity. 

Section  8.  Senators  and  Representatives  in  all  cases,  except  for 
treason,  felony,  or  breaches  of  the  peace,  shall  be  privileged  from  arrest 
during  the  session  of  the  Legislative  Assembly,  and  in  going  to  and 
returning  from  the  same;  and  shall  not  be  subject  to  any  civil  process 
during  the  session  of  the  Legislative  Assembly,  nor  during  the  fifteen 
days  next  befoi"e  the  commencement  thereof.  Nor  shall  a  member,  for 
words  uttered  in  debate  in  either  houie,  be  questioned  in  any  other  place. 

Section  9.  The  sessions  of  the  Legislative  Assembly  shall  be  held 
annually  at  the  Capital  of  the  State,  commencing  at  such  dates  as  may 
be  provided  by  law. 

Section  10.     Each  house,  when  assembled,  shall  choose  and  may  dis- 


Submitted  to  Voters  of  Oregon  November  8, 1910  193 

charge  its  own  officers  and  standing  committees,  judge  of  the  election, 
qualifications  and  returns  of  its  own  members,  determine  its  own  rules 
of  proceeding,  and  sit  upon  its  own  adjournment;  but  neither  house 
shall,  without  the  concurrence  of  the  other,  adjourn  for  more  than  two 
days,  nor  to  any  other  place  than  that  in  which  it  may  be  sitting.  The 
presiding  officers  shall  not  be  members  of  the  Legislative  Assembly  nor 
hold  any  other  office  at  the  same  time,  and  shall  be  chosen  by  their 
respective  houses.  They  shall  not  appoint  standing  committees,  and  shall 
have  no  voice  or  vote  on  legislative  busiaess.  They  shall  preside  over 
the  sessions  of  the  body  by  which  they  are  chosen,  shall  hold  office  during 
its  pleasure  and  shall  have  such  powers  as  may  be  coaferred  upon  them 
by  their  respective  houses  not  contrary  to  the  provisions  of  this  article. 

Section  11.  Two-thirds  of  each  house  shall  constitute  a  quorum  to 
do  business,  but  a  smaller  number  may  meet,  adjourn  from  day  to  day, 
and  compel  the  attendance  of  absent  members.  A  quorum  being  in  at- 
tendance, if  either  house  fail  to  effect  aa  organizatioa  within  the  first 
five  days  thereafter,  the  members  of  the  house  so  failing  shall  be  entitled 
to  no  compensation  from  the  end  of  the  said~five  days  until  an  organi- 
zation shall  have  beem  effected. 

Section  12.  Each  house  shall  keep  a  journal  of  its  proceedings.  The 
yeas  and  nays  on  any  question,  shall,  at  the  request  of  any  two  members, 
be  entered,  together  with  the  names  of  the  members  demanding  the  same, 
on  the  journal;  provided,  that  on  a  motion  to  adjourn,  it  shall  require 
oae-tenth  of  the  members  present  to  order  the  yeas  and  nays. 

Section  13.  The  doors  of  each  house  and  of  all  committees  shall  be 
kept  open,  except  only  in  such  cases  as  in  the  opinion  of  either  house 
require  secrecy,  but  in  every  such  case  the  yeas  and  nays  shall  be  entered 
on  the  journal.  Committees  shall  be  liberal  in  allowing  public  hearings 
on  measures;  the  chairman  of  every  committee  shall  notify  in  writing 
all  persons  who  advise  the  committee  of  their  desire  to  be  heard  on  any 
measure  i»  its  charge,  of  the  time  of  such  hearing. 

Section  14.  Either  house  may  punish  its  members  for  disorderly  be- 
havior, and  may,  with  the  concurrence  of  two-thirds,  expel  a  member; 
but  not  a  second  time  for  the  same  cause. 

Section  15.  Either  house,  during  its  session,  may  punish  by  imprison- 
meat,  any  person  not  a  member,  who  shall  have  been  guilty  of  disrespect 
to  the  house,  by  disorderly  or  contemptuous  behavior  in  its  presence,  but 
such  imprisonment  shall  not  at  any  time  exceed  twenty-four  hours. 

Section  16.  Each  house  shall  have  all  powers  necessary  for  a  branch 
of  the  legislative  department  of  a  free  and  independent  State. 

Section  17.  Bills  may  originate  in  either  house,  but  may  be  amended 
or  rejected  in  the  other,  except  that  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives. 

Section  18.  Every  bill  shall  be  read  by  sections,  on  three  several  days, 
in  each  house,  unless,  in  case  of  emergency,  two-thirds  of  the  house  where 
such  bill  may  be  pending,  shall,  by  a  vote  of  yeas  and  nays,  deem  it 
expedient  to  dispense  with  this  rule;  but  the  reading  of  a  bill  by  sections 

Sig.  7- 


194  Pamphlet  Containing  Measures  to  be 


on  its  final  passage  shall  in  no  case  be  dispensed  with,  and  the  vote  on 
the  passage  of  every  bill  or  joint  resolution  shall  be  taken  by  yeas 
and  nays. 

Section  19.  Every  act  shall  embrace  but  one  subject,  and  matters 
properly  connected  therewith,  which  subjects  shall  be  expressed  in  the 
title.  But  if  any  subject  shall  be  embraced  in  an  act  which  shall  not  be 
expressed  in  the  title,  such  act  shall  be  void  only  as  to  so  much  thereof 
as  shall  not  be  expressed  in  the  title. 

Section  20.  Every  act  and  joint  resolution  shall  be  plainly  worded, 
avoiding,  as  far  as  practicable,  the  use  of  technical  terms. 

Section  21.  No  act  shall  ever  be  revised  or  amended  by  mere  reference 
to  its  title,  but  the  act  revised  or  section  amended  shall  be  set  forth  and 
published  at  full  length.  All  laws  may  be  altered,  amended  or  repealed 
at  any  time,  and  no  law  shall  ever  be  construed  to  be  a  contract  on  the 
part  of  the  State  or  of  any  municipality  therein.  No  corporate  franchise 
shall  be  granted  for  a  longer  period  than  twenty  years. 

Section  22.  The  Legislative  Assembly  shall  not  pass  special  or  local 
laws  in  any  of  the  following  enumerated  cases,  that  is  to  say: 

1.  Regulating  the  jurisdiction  and  duties  of  justices  of  the  peace,  and 
of  constables; 

2.  For  the  punishment  of  crimes  and  misdemeanors; 
8.     Regulating  the  practice  in  courts  of  justice; 

4.  Providing  for  changing  the  venue  in  civil  and  criminal  cases; 

5.  Granting  divorces; 

6.  Changing  the  names  of  persons; 

7.  For  laying,  opening  and  working  on  highways,  and  for  election  or 
appointment  of  supervisors;  but  this  does  not  limit  the  right  of  the 
Legislative  Assembly  to  propose,  nor  the  power  of  the  people  to  approve, 
any  act  or  appropriation  for  highways; 

8.  Vacating  roads,  town  plats,  streets,  alleys  and  public  squares;  ^ 

9.  Summoning  and  empaneling  grand  and  petit  jurors; 

10.  For  the  assessment  and  collection  of  taxes  for  State,  county, 
township  or  road  purposes; 

11.  Providing  for  the  support  of  common  schools,  and  for  the  preser- 
vation of  school  funds; 

12.  In  relation  to  interest  on  money; 

13.  Providing  for  opening  and  conducting  the  elections  of  State,  county 
or  township  officers,  and  designating  the  places  of  voting; 

14.  Providing  for  the  sale  of  real  estate  belonging  to  minors  or  other 
persons  laboring  under  legal  disabilities,  by  executors,  administrators, 
guardians  or  trustees; 

15.  When  a  general  law  can  be  made  applicable; 

16.  The  Legislative  Assembly  shall  not  enact  any  local  or  general 
law  extending  or  granting  the  power  of  eminent  domain  to  private 
corporations. 

Section  23.  Provision  may  be  made  by  general  law  for  bringing  suit 
against  the  State,  as  to  all  liabilities  originating  after  or  existing  at  the 


Submitted  to  Voters  of  Oregon  November  8, 1910    195 

time  of  the  adoption  of  this  Constitution;  but  no  special  act  authoriziag 
such  suit  to  be  brought,  or  making  compensation  to  any  person  claiming 
damages  against  the  State,  shall  ever  be  passed. 

Section  24.  A  majority  of  all  the  members  elected  to  each  house  shall 
be  necessary  to  pass  every  bill  or  joint  resolution;  and  all  bills  and  joint 
resolutioHS  so  passed  shall  be  sigwed  by  the  presiding  officers  of  the 
respective  houses. 

Section  25.  Any  member  of  either  house  shall  have  the  right  to  protest, 
amd  have  his  protest,  with  his  reasons  for  dissent,  entered  on  the  journal. 

Section  26.  Every  statute  shall  be  a  public  law,  unless  otherwise 
declared  in  the  statute  itself. 

Section  27.  No  act  shall  take  effect  until  ninety  days  from  the  end 
of  the  session  at  which  the  same  shall  have  been  passed,  except  in  cases 
of  emergency,  which  shall  be  declared  as  provided  in  Section  Ic  of  this 
article. 

Section  28.  Each  member  of  the  Legislative  Assembly  shall  receive 
for  his  services  an  annual  salary  of  three  hundred  and  fifty  dollars, 
payable  at  the  end  of  each  regular  session.  Each  member  shall  receive 
the  amount  of  necessary  fares  he  shall  actually  pay  in  going  to  and 
returning  from  the  place  of  meeting  on  the  most  usual  route.  The  pre- 
siding officers  of  the  Legislative  Assembly  shall  each  receive  fiye  hundred 
dollars  per  annum,  with  a  member's  allowance  for  travel. 

Section  29.  No  Senator  or  Representative  shall,  during  the  time  for 
which  he  may  have  been  elected,  be  eligible  to  any  office  the  election  to 
which  is  vested  in  the  Legislative  Assembly;  nor  shall  be  appointed  to  any 
civil  office  of  profit  which  shall  have  been  created  or  the  emoluments  of 
which  have  been  increased  during  such  term,  but  this  latter  provision 
shall  not  be  construed  to  apply  to  any  officer  elective  by  the  people. 

Section  30.  The  members  of  the  Legislative  Assembly  shall,  before 
they  enter  on  the  duties  of  their  respective  offices,  take  and  subscribe  the 
foUovring  oath  of  office  or  affirmation: 

"I  do  solemnly  swear  (or  affirm,  as  the  case  may  be)  that  I  will  support 
the  Constitution  of  the  United  States  and  of  the  State  of  Oregon,  and 
that  I  will  faithfully  discharge  the  duties  of  Senator  (or  Representative, 
as  the  case  may  be) ,  according  to  the  best  of  my  ability.  I  do  further 
affirm  and  promise  the  voters  of  the  State  of  Oregon,  that  during  my 
term  of  office,  in  acting  or  voting  as  such  officer  upon  any  measure,  I 
will  always  vote  solely  on  my  judgment  that  the  bill  or  resolution  will 
or  will  not  advance  the  general  welfare,  and  without  reference  to  the 
vote,  action  or  caucus  of  members  on  that  or  any  other  measure,  and 
without  any  understanding  (except  my  public  pledges  to  the  people  or 
instlTictions  from  the  people)  in  any  form  with  any  member  or  person 
that  I  will  aid  or  be  friendly  to  a  measure  in  which  he  is  interested 
because  he  will  or  may  be  inclined  to  aid  one  in  which  I  am  interested." 
Such  oath  may  be  administered  by  the  Governor  or  a  Judge  of  the 
Supreme  Court. 

Section   31.     When   a   bill  is  introduced  it  shall  be  placed  upon  the 


196  Pamphlet  Containing  Measures  to  be 

calendar  and  may  be  acted  upon  any  time  during  the  life  of  that  Legis- 
lative Assembly,  except  that  bills  introduced  after  the  twentieth  day  of 
any  session  shall  not  be  passed  at  that  session,  unless  they  are  emergency 
measures.  No  measure,  except  an  emergency  bill,  shall  be  passed  at  any 
session  of  the  Legislative  Assembly  until  it  has  been  printed  and  in  the 
possessioa  of  each  house,  in  its  final  form,  at  least  five  days.  No  measure 
shall  be  altered  or  amended  on  its  passage  through  either  house  so  as  to 
change  its  original  purpose. 

Section  32.  Ten  dollars  shall  be  deducted  from  the  salary  of  any 
member  for  every  time  he  fails  to  vote  on  a  roll  call,  unless  excused  by 
yea  and  nay  vote  of  a  majority  of  all  the  members  of  his  house. 

Section  33.  The  presiding  oiricer  shall  make  requisition,  from  day  to 
day,  o»  the  Secretary  of  State,  for  such  clerical  and  stenographic  assist- 
ants as  his  house  may  need.  This  shall  not  apply  to  the  reading  and 
calendar  clerks. 

Section  34.  A  majority  of  the  members  elected  to  each  house  may  at 
any  time  unite  in  calling  a  special  session  of  the  Legislative  Assembly. 

Section  35.  Seats  and  desks  shall  be  provided  on  the  floor  of  each 
house  for  the  People's  Inspectors  of  Government,  if  such  shall  be  created 
by  law. 

Section  36.  The  provisions  of  this  article  shall  be  liberally  construed 
as  self-executing,  especially  Sections  1,  la,  lb,  Ic,  Id,  le,  3,  3a,  3b,  3c, 
3d,  4,  4a,  4b,  4c,  4d  and  4e.  Any  provisions  of  the  Constitution  and  laws 
of  Oregon  in  conflict  with  this  article  are  hereby  repealed  insofar  as 
the  same  conflict  herewith,  or  any  part  hereof. 

(AJBrmative  argument  following  No.  356  covers  this  measure.) 


Submitted  to  Voters  of  Oregon  November  8, 1910  197 

ARGUMENT 

(negative) 

SUBMITTED  BY 

WALLACE   McCAMANT 
opposing  the  measure  designated  on  the  official  ballot  as  follows: 

PROPOSED  BY  INITIATIVE  PETITION 

For  an  amendment  of  Article  IV,  Constitution  of 
Oregon,  increasing  initiative,  referendum  and  recall 
powers  of  the  people;  restrictiMg  use  of  emergency 
clause  and  veto  power  on  State  and  municipal  legis- 
latioa;  requiring  proportional  election  of  members  of 
Legislative  Assembly  from  the  State  at  large,  annual 
sessions,  and  increasing  members'  salaries  and  terms 
of  office;  providing  for  election  of  Speaker  of  House 
and  President  of  Senate,  outside  of  members ;  restrict- 
ing corporate  franchises  to  twenty  years;  providing 
ten  dollars  penalty  for  uaexcused  absence  from  any 
roll  call,  and  changing  form  of  oath  of  office  to  pro- 


vide  against  so-called  legislative  log-rolling. 

Vote  YES  or  NO. 

360.           Yes. 

S61.           No. 

ARGUMENT  AGAINST  AMENDMENT  TO  ARTICLE  IV  OF  THE 

CONSTITUTION. 

ANNUAL   SESSIONS   OF    LEGISLATURE. 
To  the  Electors  of  Oregon: 

The  foregoing  amendment  provides  for  annual  sessions  of  the  legis- 
lature (see  Section  9).  This  means  double  the  present  expense  to  the 
taxpayers  for  legislative  purposes  and  large  additional  appropriations 
besides,  for  every  legislative  session  appropriates  a  good  deal  of  money 
unnecessarily.  Biennial  sessions  of  the  legislature,  as  provided  for  in 
the  present  Constitution  of  Oregon  and  in  that  of  most  other  States, 
have  proved  adequate  to  the  public  service,  and  there  is  no  reason  for 
this  change  and  no  demand  for  it. 

LENGTHENING   OF   LEGISLATI\'E   TERM    TO    SIX   YEARS. 

The  present  Constitution  provides  for  the  election  of  the  entire  House 
of  Representatives  and  one-half  of  the  State  Senators  at  each  biennial 
State  election.  This  provision  of  the  present  Constitution  insures  that 
every  legislature  shall  be  fresh  from  the  people.  It  is  proposed  in  the 
foregoing  amendment  to  lengthen  the  legislative  term  to  six  years  (see 
Section  2).  It  is  manifest  that  if  this  amendment  be  adopted  the  legis- 
latures of  the  future  will  not  be  in  close  touch  with  the  people  and  will 
not  be  so  responsive  to  .public  opinion  as  the  legislatures  of  the  past. 

If  a  grafter  gets  into  the  legislature  six  years  is  too  long  a  time  to 
put  up  with  him,  and  even  a  good  man  in  the  legislature  vnll  do  better 
work  if  he  must  shortly  render  an  account  to  the  people.     We  do  not 


198  Pamphlet  Containing  Measures  to  be 


overlook  the  recall.  But  the  recall  will  be  invoked  only  occasionally  in 
flaprant  cases  and  is  not  equivalent  in  its  effect  to  the  biennial  elections 
now  provided  for. 

PROPORTIONAL  REPRESENTATION. 

The  present  Constitution  provides  for  the  distribution  of  the  members 
of  the  legislature  among  the  different  legislative  districts  in  proportion 
to  the  population,  and  for  the  election  by  the  people  of  each  lea:islative 
district  of  the  Representatives  and  Senators  so  apportioned  to  them. 
The  present  method  of  electing  Representatives  and  Senators  insures 
that  the  people  of  every  portion  of  the  State  shall  be  represented  in  both 
branches  of  the  legislature,  and  that  the  representatives  so  sitting  shall 
be  the  choice  of  a  majority  of  the  electors  in  the  respective  legislative 
districts.  There  are  in  every  legislative  district  men  who  are  unfit  to 
sit  in  the  legislature.  Some  men  are  disqualified  for  service  ©f  this 
character  by  temperament,  some  by  character  and  some  in  other  respects. 
Under  the  present  method  of  selecting  legislators  these  unfit  men  are 
for  the  most  part  excluded  from  the  Legislative  Assembly.  They  can 
only  be  elected  to  the  legislature  by  the  votes  of  those  who  live  in  the 
same  legislatire  district  with  themselves  and  who  therefore  know  them 
and  know  that  they  ought  not  to  be  chosen  to  make  laws  for  the  people. 

The  proposed  amendment  retains  the  legislative  district  as  at  present 
provided  by  law,  but  it  provides  a  complicated  system  under  which  some 
legislative  districts  must  remain  without  representation,  and  under  which 
many  legislative  districts  must  be  represented  by  men  whom  the  people 
of  these  districts  would  never  choose  to  represent  them.  It  is  provided 
in  Section  4a  that: 

"Any  legal  voter  in  any  district  may  vote  for  a  candidate  in  any  other 
district  by  writing  or  sticking  on  his  ballot  the  name  ...  of  the 
candidate  voted  for." 

That  is,  an  elector  in  Multnomah  County  can  vote  for  a  candidate 
running  in  Malheur  County  or  in  Jackson  County.  The  votes  of  such 
electors  may  choose  the  Malheur  County  candidate  or  the  Jackson  County 
candidate,  and  he  may  sit  in  the  legislature  as  the  representative  of 
Malheur  County  or  of  Jackson  County,  although  his  support  in  his  own 
county  may  be  trifling  in  the  extreme  and  although  the  people  of  his 
own  county  may  know  him  to  be  utterly  unfit  to  serve  as  a  law-giver. 
A  man  so  chosen  cannot,  with  any  propriety,  be  called  the  representative 
of  Malheur  County  or  Jackson  County. 

WILL    OF    MAJORITY    THWARTED. 

Under  the  present  apportionment,  Marion  County  is  entitled  to  choose 
five  members  of  the  House;  Multnomah  County,  twelve  members  besides 
one  joint  Representative.  It  is  provided  in  Section  4a  of  the  proposed 
amendment  that: 

"No  voter  shall  vote  for  more  than  one  candidate  for  Representative 
nor  for  more  than  one  candidate  for  Senator  in  the  Legislative  Assembly." 

It  is  manifest  that  under  this  system  the  men  who  would  sit  from 
these  districts  and  from  other  districts  entitled  to  more  than  one  Rep- 
resentative would  not  represent  the  sentiment  or  majority  voice  of  the 


Submitted  to  Voters  of  Oregon  November  8, 1910    199 

people  of  these  districts.  A  candidate  might  be  out  of  harmony  with  the 
wishes  of  the  people  of  Marion  County  or  of  Multnomah  county  in  most 
important  respects,  and  yet  might  receive  ten  or  twenty  per  cent  of  the 
vote  and  under  this  proposed  amendment  such  a  fragment  of  the  vote 
might  elect  him.  A  bill  similar  to  the  pi'oposed  measure  was  presented 
to  the  last  legislature.  Its  authors  attached  to  it  an  illustration  of  the 
manner  in  which  the  measure  would  have  worked  if  it  had  been  in  effect 
in  1908.  At  the  election  of  that  year  197  Prohibitionist  votes  in  Wasco 
and  Hood  River  Counties  would  have  elected  a  member  of  the  legislature 
under  this  proposed  measure,  although  the  Republican  vote  was  2,217 
and  the  Democratic  vote  782.  At  the  same  election  391  Socialist  votes 
would  have  elected  a  member  in  Linn  County  under  this  measure  as 
against  2,391  Republican  votes  and  1,678  Democratic  votes.  These  re- 
sults would  be  brought  about  by  throwing  into  these  districts  Prohibi- 
tionist and  Socialist  votes  from  all  over  the  State.  A  system  which 
permits  this  clearly  denies  to  the  people  of  these  districts  the  representa- 
tion in  the  legislature  which  their  electors  desire.  Section  4d  of  the 
proposed  amendment  would  bring  about  this  result  at  every  election  in. 
some  of  the  legislative  districts. 

DENIAL   OF   EEPRESENTATION    TO    CERTAIN    DISTRICTS. 

In  stating  its  indictment  against  George  III  the  Declaration  of  Inde- 
pendence charges: 

"He  has  refused  to  pass  other  laws  for  th^  accommodation  of  large 
districts  of  people,  unless  those  people  would  relinquish  the  right  of 
representation  in  the  legislature — a  right  inestimable  ta  them,  and  for- 
midable to  tyrants  only." 

Our  forefathers  understood  by  the  right  of  representation  in  the  legis- 
lature, the  right  of  the  people  of  each  legislative  district  to  choose  by 
majority  vote  certain  men  who  should  sit  in  the  legislature  as  repre- 
sentatives of  that  district  and  to  whom  the  people  of  that  district  had  a 
right  to  look  for  protection.  Thomas  Jefferson  was  correct  in  speaking 
of  this  right  as  inestinaable. 

The  proposed  measure  destroys  this  right.  If  it  is  adopted,  at  every 
Legislative  Assembly  some  legislative  districts  will  have  no  representa- 
tion. See  Section  4d,  from  which  it  will  appear  that  there  is  no  attempt 
to  assure  to  each  legislative  district  the  representation  to  which  it  is 
entitled.  If  a  candidate  from  Yamhill  County  has  a  vote  sufficiently  near 
the  highest  vote  given  to  any  candidate  of  his  party  in  any  part  of  the 
State,  he  will  be  declared  elected;  otherwise  he  will  be  declared  defeated 
even  though  such  declaration  leaves  Yamhill  without  representation  and 
even  though  the  candidate  has  received  a  decisive  majority  of  the  vote 
of  Yamhill  County.  This  is  not  right,  is  not  American,  and  it  will  not 
please  the  people.  No  man  should  sit  in  the  legislature  until  he  can  win 
out  on  a  popular  vote  in  the  legislative  district  in  which  he  lives,  aad  a. 
political  party  should  have  representation  ia  the  legislature  only  to  the 
extent  of  the  districts  which  it  can  caiTy  by  vote  of  the  people  at,;a 
fair  election.  . ^  ,,_,-^— , WALLACE  McC AMANT^^ 


200  Pamphlet  Containing  Measures  to  be 

AN    AMENDMENT 

TO   THE 

constitution  of  the  state  of  oregon 

to  be  submitted  to  the  legal  electors  of  the  state  of 
Oregon  for  their  approval  or  rejection 

AT   THE 

REGULAR  GENERAL  ELECTION 

TO  BE  HELD 

On  the  Eighth  Day  of  November,  1910, 

TO  AMEND 

Article  VII 

By  initiative  petition  filed  in  the  office  of  the  Secretary  of  State,  July  7, 

1910,  in  accordance  with  the  provisions  of  Cliapter  226, 

General  Laws  of  Oregon,  1907. 


Printed  in  pursuance  of  Section  8  of  Chapter  226,  Laws  of  1907, 

Secretaiy  of  State. 


The  following  is  the  form  and  number  in  which  the  question  will  be 

printed  on  the  official  ballot: 

PROPOSED  BY  initiative  PETITION  ^ 

For  amendment  to  the  Constitution  of  the  State  of 
Oregon,  providing  for  verdict  by  three-fourths  of  jury 
in  civil  cases;  authorizing  grand  juries  to  be  sum- 
moned separate  from  the  trial  jury,  permitting  change 
of  judicial  system  by  statute,  prohibiting  re-trial 
where  any  evidence  to  support  verdict;  providing 
for  affirmance  of  judgment  on  appeal  notwithstanding 
error  conunitted  in  lower  court,  directing  Supreme 
Court  to  enter  such  judgment  as  should  have  been 
entered  in  lower  court;  fixing  terms  of  Supi'eme 
Court;  providing  judges  of  all  courts  be  elected  for 
six  years,  and  increasing  jurisdiction  of  Supreme 
Court.  Vote  YES  or  NO. 

362.  Yes. 

3631  No! 


Submitted  to  Voters  of  Oregon  November  8, 1910  201 

[On  Official  Ballot,  Nos.  362  and  363.] 

CONSTITUTIONAL  AMENDMENT. 

Article  VII  of  the  Constitution  of  the  State  of  Oregon  shall  be  and 
the  same  is  hereby  amended  to  read  as  follows: 

Article  VII. 

Section  1.  The  judicial  power  of  the  State  shall  be  vested  in  one 
Supreme  Court  and  in  such  other  courts  as  may  from  time  to  time  be 
created  by  law.  The  Judges  of  the  Supreme  and  other  courts  shall  be 
elected  by  the  legal  voters  of  the  State  or  of  their  respective  districts 
for  a  term  of  six  years,  and  shall  receive  such  compensation  as  may  be 
provided  by  law,  which  compeasation  shall  not  be  diminished  during  the 
term  for  which  they  are  elected. 

Section  2.  The  courts,  jurisdiction,  and  judicial  system  of  Oregon, 
except  so  far  as  expressly  changed  by  this  amendment,  shall  remain  as 
at  present  constituted  until  othei-wise  provided  by  law.  But  the  Supreme 
Court  may,  in  its  own  discretion,  take  original  jurisdiction  in  mandamus, 
quo  warranto  and  habeas  corpus  proceedings. 

Section  3.  In  actions  at  law,  where  the  value  in  controversy  shall 
exceed  twenty  dollars,  the  right  of  trial  by  jury  shall  be  preser\'ed,  and 
no  fact  tried  by  a  jury  shall  be  otherwise  re-examined  in  any  court  of 
this  State,  unless  the  court  can  affirmatively  say  there  is  no  evidence  to 
support  the  verdict.  Until  otherwise  provided  by  law,  upon  appeal  of 
any  case  to  the  Supreme  Court,  either  party  may  have  attached  to  the 
bill  of  exceptions  the  whole  testimony,  the  instructions  of  the  court  to 
the  jury,  and  any  other  matter  material  to  the  decision  of  the  appeal. 
If  the  Supreme  Court  shall  be  of  opinion,  after  consideration  of  all  the 
matters  thus  submitted,  that  the  judgment  of  the  court  appealed  from 
was  such  as  should  have  been  rendered  in  the  case,  such  judgment  shall 
be  affirmed,  notwithstanding  any  error  committed  during  the  trial;  or 
if,  in  any  respect,  the  judgment  appealed  from  should  be  changed,  and 
the  Supreme  Court  shall  be  of  opinion  that  it  can  determine  what  judg- 
ment should  have  been  entered  in  the  court  below,  it  shall  direct  such 
judgment  to  be  entered  in  the  same  manner  and  with  like  effect  as  decrees 
are  now  entered  in  equity  cases  on  appeal  to  the  Supreme  Covirt.  Pro- 
vided, that  nothing  in  this  section  shall  be  construed  to  authorize  the 
Suprem.e  Court  to  find  the  defendant  in  a  criminal  case  guilty  of  an 
offense  for  which  a  greater  penalty  is  provided  than  that  of  which  the 
accused  was  convicted  in  the  lower  court. 

Section  4.  The  terms  of  the  Supreme  Court  shall  be  appointed  by 
law;  but  there  shall  be  one  term  at  the  seat  of  government  annually.  At 
the  close  of  each  term  the  judges  shall  file  with  the  Secretary  of  State 
concise  written  statements  of  the  decisions  made  at  that  term. 

Section  5.     In  civil  cases  three-fourths  of  the  jury  may  render  a  ver- 


202  Pamphlet  Containing  Measures  to  be 

diet.  The  Legislative  Assembly  shall  so  provide  that  the  most  competent 
of  the  permanent  citizens  of  the  county  shall  be  chosen  for  jurors;  and 
out  of  the  whole  number  in  attendance  at  the  court,  seven  shall  be  chosen 
by  lot  as  grand  jurors,  five  of  vphom  must  concur  to  find  an  indictment. 
But  provision  may  be  made  by  law  for  drawing  and  summoning  the  grand 
jurors  from  the  regular  jury  list  at  any  time,  separate  from  the  panel 
of  petit  jurors,  and  for  the  sitting  of  the  grand  jury  during  vacation  as 
well  as  session  of  the  court,  as  the  judge  may  direct.  No  person  shall 
be  charged  in  any  circuit  court  with  the  commission  of  any  crime  or 
misdemeanor  defined  or  made  punishable  by  any  of  the  laws  of  this  State, 
except  upon  indictment  found  by  a  grand  jury;  provided,  however,  that 
any  district  attorney  may  file  an  amended  indictment  whenever  an  in- 
dictment has,  by  a  ruling  of  the  court,  been  held  to  be  defective  in  form. 

Section  6.  Public  officers  shall  not  be  impeached;  but  incompetency, 
corruption,  malfeasance  or  delinquency  in  office  may  be  tried  in  the  same 
manner  as  criminal  offenses,  and  judgment  may  be  given  of  dismissal 
from  office,  and  such  further  punishment  as  may  have  been  prescribed 
by  law. 

Section  7.  Every  Judge  of  the  Supreme  Court,  before  entering  upon 
the  duties  of  his  office,  shall  take  and  subscribe,  and  transmit  to  the 
Secretary  of  State,  the  following  oath: 

"I, ,  do  solemnly  swear   (or  affirm)   that  I  will 

support  the  Constitution  of  the  United  States,  and  the  Constitution  of 
the  State  ©f  Oreg^on,  and  that  I  will  faithfully  and  impartially  discharge 
the  duties  of  a  Judge  of  the  Supreme  Court  of  this  State,  according  to 
the  best  of  my  ability,  and  that  I  will  not  accept  any  other  office,  except 
judicial  offices,  during  the  term  for  which  I  have  been  elected." 

(Affirmative  argument  following  No.  356  covers  this  measure.) 


Submitted  to  Voters  of  Oregon  November  8,  1910    203 


INDEX 


A 

Acts:  Page 

Board  of  People's  Inspectors  of  Government 180 

Argument,  affirmative  166 

Argument,  negative  184 

Clark,  to   create   County  of 96 

Argument,  affirmative 101 

Constitutional   Convention   12 

Argument,  negative  18 

Deschutes,  to  create  the  County  of 141-142 

Argument,  affirmative  146 

Argument,  negative  147 

Direct  Primary  Law,  extension  of 161-162 

Argument,  affirmative  166 

Argument,  negative  178 

Eastern  Oregon  State  Hospital 8 

Argument,  affirmative  11 

Employees  Indemnity  Commission,  creation  of 132 

Argument,  negative  135 

Employers'  Liability  81-82 

Argument,  affirmative 85 

Judge,  Eighth  Judicial  District,  to  fix  salary  of 35-36 

Liquor,  a  bill  to  prohibit  manufacture  of,  etc. 120' 

Argument,  affirmative  125 

Argument,  negative  128 

Multnomah-Clackamas  Counties  Annexation 57 

Argrument,  affirmative  60 

Argument,  negative  63 

Multnomah- Washington  Counties  Annexation 196 

Argument,  negative  108 

Nesmith,  to  create  the  County  of 37-38 

Argument,  affirmative  43 

Orchard,  to  create  County  of 87-88 

Argument,  affirmative  92 

Argument,  negative  : 94 

Oregon  State  Normal  School,  Ashland,  maintenance  of 109-110 

Argument,  affirmative Ill 

Oregon  State  Normal  School,  Monmouth,  maintenance  of 46 

Argument,  affirmative  48 

Oregsn  State  Normal  School,  Weston,  maintenance  of 103-104 

Argument,  affirmative  105- 


204  Pamphlet  Containing  Measures  to  be 

^-  <         . 

Acts — Continued.  Pftg* 

Otis,  to  create  County  of 51-52 

Argument,  affirmative  56 

Rogue  River,  taking  of  fish  prohibited 136 

Argument,  affirmative  138 

Argument,   negative    139 

Argument,   negative    ...^ 140 

Towns  and  Counties,  new,  creation  of 149 

Argument,    affirmative    154 

Williams,  to  create  County  of 65 

Argument,    affirmative    .— ; 70 

Amendments  to  Constitution  (See  Constitutional  Amendments). 

B 

Bills:   (See  Acts) 

Board  op  People's  Inspectors  of  Government 18© 

ArgH-iment,  affirmative 166 

Argument,  negative  184 

c 

Cities  and  Towns,  exclusive  regulation,  etc 73 

Argviment,  affirmative 75 

Argument,  negative  78 

Constitutional  Amendments: 

Cities  and  Towns,  exclusive  regulations,  etc 73 

Argument,  affirmative 75 

Argument,  negative  ,. 78 

Constitutional   Convention ........'. 12 

Argument,  negative 18 

Creation  of  Railroad  Districts,  etc 56 

Argument,  affirmative 28 

Electoral  District  for  each  State  Senator  and  State 

Representative '. 1.0 

Argument,  negative 18 

Equal  Suffrage 3 

Argument,  affirmative  - 4 

Argument,  negative  5 

Indebtedness  of  Counties,  limitation  of 156 

Argument,  affirmative 158 

Initiative,  Referendum  and  Recall  powers,  extension  of... 186 

Argument,  affirmative 166 

Argument,  negative  197 

Liquor,  manufacture  and  sale  of  prohibited 114 

Argument,  affirmative  116 

Argument,  negative  : 117 

Tax  Amendment   (Section  32,  Article  I) 22 

Argument,  affirmative  24 


Submitted  to  Voters  of  Oregon  November  8, 1910  205 

Constitutional  Amendments — Contin\ied.  P»g* 

Tax  Amendment   (Section  1,  Article  IX) 33-34 

Tax  Amendment  (To  add  Section  la  to  Aiticle  IX) 71 

Argument,  affirmative  24 

Verdict  by  Three-fourths  Jury  in  Civil  Cases,  etc 200-201 

Argument,  affirmative  166 

Counties  : 

Clark,  to  create  the  County  o£.— 96 

Argument,  affirmative  101 

Counties,  new,  creation  of 149 

Argument,  affirmative  .-. 154 

Deschutes,  to  create  County  of 141-142 

Argument,  affirmative  146 

Argument,  negative  147 

Multnomah-Clackamas  Counties  Annexation 57 

Argument,  affirmative  60 

Argument,  negative  63 

Multnomah-Washington   Counties   Annexation 106 

Arg^ument,  negative  108 

Nesmith,  to  create  the  County  of 37-38 

Argument,  affirmative  43 

Orchard,  to  create  the  County  of 87-88 

Argument,  affirmative  92 

Argument,  negative 94 

Otis,  to  create  the  County  of 51-52 

Argume»t,  affirmative  ...— .  56 

Williams,  to  create  the  County  of 65 

Argument,  affirmative 70 

Counties,  Indebtedness  of,  limitation  of 156 

Argument,  affirmative 158 

Counties  AND  Towns,  new,  creation  of                            149 

Argument,  affirmative  154 

D 

Deschutes,  to  create  the  County  of 141-142 

Argument,  affirmative  146 

Argument,  negative  147 

Direct  Primary  Law,  extension  of 161-162 

Argument,  affirmative  - 166 

Argument,  negative  ■-■  178 

E 

Eastern  Oregon  State  Hospital 8 

Argument,  affirmative 11 

Employees  Indemnity  Commission,  creation  of 132 

Argument,  negative 13& 

Employers'  Liability ..,. 81-82 

Argument,  affirmative  85 


^06  Pamphlet  Containing  Measures  to  be 

H 

Pag« 

Hospital,  Eastern  Oregon  State 8 

Argument,  affirmative  11 

I 

Indebtedness  of  Counties,  limitation 156 

Argument,  affirmative  158 

Initiative,  Referendum  and  Recall  Powers,  extension  of 186 

Argument,  affirmative  - 166 

Argument,  negative  197 

J 

Judge,  Eighth  Judicial  District,  to  fix  salary  of 35 

li 

Liquor,  manufacture  and  sale  of  prohibited 114 

Argument,  affirmative  116 

Argfument,  negative  128 

Liquor,  a  bill  to  prohibit  manufacture  of,  etc 120 

Argument,  affirmative  125 

Argument,  negative 128 

M 

Multnomah-Clackamas  Counties  Annexation 67 

Argument,  affirmative  60 

Argument,  negative  68 

Multnomah-Washington  Counties  Annexation 106 

Argument,  negative  108 

N 

Nesmith,  to  create  the  County  of 37-38 

Argument,  affirmative  48 

Normal  Schools: 

Ashland,  maintenance  of  109-110 

Argument,  affirmative  HI 

Monmouth,  maintenance  of 46 

Argument,  affirmative  48 

Weston,  maintenance  of 103-104 

Argument,  affirmative  - • 105 

o 

Orchard,  to  create  the  County  of 87-88 

Argument,  affirmative  92 

Argument,  negative  94 

Oregon  State  Normal  Schools: 

Ashland,  maintenance  of  109-110 

Argument,  affirmative  HI 


Submitted  to  Voters  op  Oregon  November  8,  1910  207 

Oregon  State  Normal  Schools — Continued.  Pag6 

Monmouth,  maintenance  of 46 

Argument,  affirm.ative  48 

Weston,  maintenance  of 103-104 

Argument,  affirmative  105 

Otis,  to  create  the  County  of 51-52 

Argument,  affirmative  56 

P 

People's  Inspectors  of  Government,  Board  of 180 

Argument,  affirmative  166 

Argument,  negative  :...  184 

Proportional  Representation 186 

Argum.ent,  affirmative  166 

Argument,  negative  197 

R 

Railroad  Districts,  Etc.,  creation  of 26 

Argument,  affirmative  28 

Resolutions  : 

Creation  of  railroad  districts,  etc 26 

Argument,  affinnative  28 

Electoral  districts  for  each  State  Senator  and  State 

Representative 16 

Argument,  negative  18 

Railroad  districts,  etc.,  creation  of 26 

Argument,  affirmative  28 

Tax  Amendment  (Sec.  32,  Article  I) 22 

Argument,    affirmative    24 

Roads,  County  indebtedness  limitation  for 156 

Argument,  affirmative  158 

Rogue  River,  taking  of  fish  prohibited 136 

Argument,  affirmative  138 

Argument,  negative  139 

Argument,  negative  140 

s 

Salary,  Judge,  Eighth  Judicial  District 35 

-State  Normal  Schools: 

Ashland,  maintenance  of  109-110 

Argument,  affirmative Ill 

Monmouth,  maiatenance  of  46 

Argument,  affirmative '. 48 

Weston,  maintenance  of  103-104 

Argument,  affirmative  105 


208  Pamphlet  Containing  Measures  to  be 

State  Senators  and  Representatives,  electoral  districts,  Pag 

creation  of  1( 

Argument,  negative  li 

T 

Tax  Amendment  (Section  32,  Article  I) 21 

Argument,  affirmative  2^ 

Tax  Amendment  (Section  1,  Article  IX) 33-3^ 

Argument,  affirmative  2' 

Tax  Amendment  (to  add  Section  la  to  Article  IX) 71-7; 

Towns  and  Counties,  new,  creation  of 14! 

Argument,  affirmative  15- 

V 

Verdict  (BY  Three-fourths  Jury  in  Civil  Cases,  etc., 200-20: 

Argument,  affirmative 16i 

Williams,  to  create  the  County  of 6i 

Argumeat,  affirmative 7( 


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